Nev. Rev. Stat. » NRS: CHAPTER 34 - WRITS; PETITION TO ESTABLISH FACTUAL INNOCENCE

Nev. Rev. Stat. § 34.360

Persons who may prosecute writ

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NRS 34.360  Persons who may prosecute writ.  Every person unlawfully committed, detained, confined or restrained of his or her liberty, under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.

      [1:93:1862; B § 349; BH § 3671; C § 3744; RL § 6226; NCL § 11375]—(NRS A 1967, 1469; 1969, 106)

     

Notes of Decisions
Cited in 57 cases (10 in the last 5 years), 1965–2025 · leading case: Means v. State
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Means v. State (2004) nev “780 incorporates the Nevada Rules of Civil Procedure in post-conviction habeas proceedings to the extent that those rules do not conflict with NRS 34.360 to 34.830. We conclude that the default provisions of NRCP 55 are inapplicable to post-conviction habeas proceedings.”
Hathaway v. State (2003) nev “Finally, Hathaway argued that the procedural time-bar should not apply to his habeas corpus petition because he filed a petition pursuant to NRS 34.360. Because Hathaway challenged the validity of his judgment of conviction, Hathaway’s petition was properly construed to he a…”
Bryant v. State (1986) nev “Instead, a defendant must raise a challenge to the validity of his or her guilty plea in the district court in the first instance, either by bringing a motion to withdraw the guilty plea, or by initiating a post-conviction proceeding under NRS 34.360 or NRS 177.315. It shall…”
Lyons v. State (1989) nev · cites it 2× “In Bryant , we determined that we would no longer entertain initial challenges to the validity of guilty pleas on direct appeal from judgments of conviction; in lieu thereof, a defendant must raise the challenge first in the district court by either a motion to withdraw the plea…”
Garnick v. Miller (1965) nev · cites it 2× “Sentence was imposed, execution thereof suspended, and the defendant Garnick was granted probation. This application for habeas relief followed.”
Hart v. State (2000) nev “2d 364, 368 (1986) (“[A] defendant must raise a challenge to the validity of his or her guilty plea in the district court in the first instance, either by bringing a motion to withdraw the guilty plea, or by initiating a post-conviction proceeding under NRS 34.360 or NRS…”
Cordova v. City of Reno (1996) nvd · cites it 6× “” Nev.Rev.Stat. § 34.360. Although “unlawful restraint” within the meaning of Section 34.”
Rugamas v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark (2013) nev “See generally NRS 34.360; NRS 34.500; NRS 34.700; NRS 34.”
Director, Nevada Department of Prisons v. Arndt (1982) nev “On appeal, the state contends that respondent’s claim was not cognizable under the habeas corpus relief statute (NRS 34.360) and that the hearing procedures comported with due process requirements.”
McGee v. State (1989) nev · cites it 2× “McGee may seek relief from his guilty plea through means of a post-conviction proceeding in the district court under NRS 34.360 or NRS 177.315. His proper person appeal will, therefore, be dismissed.”
Mazzan v. State (1993) nev “780 states that, “[t]he Nevada Rules of Civil Procedure, to the extent that they are not inconsistent with NRS 34.360 to 34.830, inclusive, apply to proceedings pursuant to NRS 34.”
State v. Second Judicial District Court (1970) nev “NRS 34.360 provides that every person restrained of his liberty under “any pretense whatever” may petition for habeas.”
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