NRS
178.488 Right to bail upon review; notice of application to be given
district attorney.
1. Bail may be allowed pending appeal or
certiorari unless it appears that the appeal is frivolous or taken for delay.
2. Pending appeal to a district court,
bail may be allowed by the trial justice, by the district court, or by any
judge thereof, to run until final termination of the proceedings in all courts.
3. Pending appeal or certiorari to the
appellate court of competent jurisdiction pursuant to the rules fixed by the
Supreme Court pursuant to Section 4 of
Article 6 of the Nevada Constitution, bail may be allowed by the district
court or any judge thereof, by the Court of Appeals or any judge thereof or by
the Supreme Court or a justice thereof.
4. Any court or any judge or justice
authorized to grant bail may at any time revoke the order admitting the
defendant to bail.
5. The court or judge by whom bail may be
ordered shall require such notice of the application therefor as the court or
judge may deem reasonable to be given to the district attorney of the county in
which the verdict or judgment was originally rendered.
(Added to NRS by 1967,
1452; A 1969,
10; 2013,
1762)
Notes of Decisions
Cited in
3
cases, 1970–2004 · leading case:
Bergna v. State, 102 P.3d 549 (Nev. 2004).
Bergna v. State, 102 P.3d 549 (Nev. 2004).
· cites it 6× “Appellant Peter Matthew Bergna has filed a motion for bail pending appeal in this court pursuant to NRS 178.488. The State opposes the motion.”
Lane v. State, 652 P.2d 1174 (Nev. 1982).
· cites it 3× “Bail pending appeal may be denied if an appellant’s release poses a risk of flight or danger to the community, In re Austin, *460 supra, or if the appeal appears frivolous or taken for delay, NRS 178.488(1). From a preliminary examination of the record before us on appeal, we…”
In Re Austin, 477 P.2d 873 (Nev. 1970).
· cites it 6× “145) also required: "If application is made to a district court or to a justice of the supreme court for bail pending appeal or for an extension of time for filing the record on appeal or for any other relief which might have been granted by the trial court, the application…”
— Nev. Rev. Stat. § 178.488(1) — 3 cases
Bergna v. State, 102 P.3d 549 (Nev. 2004).
“Appellant Peter Matthew Bergna has filed a motion for bail pending appeal in this court pursuant to NRS 178.488. The State opposes the motion.”
Lane v. State, 652 P.2d 1174 (Nev. 1982).
“Bail pending appeal may be denied if an appellant’s release poses a risk of flight or danger to the community, In re Austin, *460 supra, or if the appeal appears frivolous or taken for delay, NRS 178.488(1). From a preliminary examination of the record before us on appeal, we…”
In Re Austin, 477 P.2d 873 (Nev. 1970).
“145) also required: "If application is made to a district court or to a justice of the supreme court for bail pending appeal or for an extension of time for filing the record on appeal or for any other relief which might have been granted by the trial court, the application…”
— Nev. Rev. Stat. § 178.488(3) — 2 cases
Bergna v. State, 102 P.3d 549 (Nev. 2004).
“Appellant Peter Matthew Bergna has filed a motion for bail pending appeal in this court pursuant to NRS 178.488. The State opposes the motion.”
Lane v. State, 652 P.2d 1174 (Nev. 1982).
“Bail pending appeal may be denied if an appellant’s release poses a risk of flight or danger to the community, In re Austin, *460 supra, or if the appeal appears frivolous or taken for delay, NRS 178.488(1). From a preliminary examination of the record before us on appeal, we…”
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