NRS
34.575 Appeal from order of district court granting or denying writ.
1. An applicant who, after conviction or
while no criminal action is pending against the applicant, has petitioned the
district court for a writ of habeas corpus and whose application for the writ
is denied, may appeal 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 from the order and judgment of the district court, but the appeal
must be made within 30 days after service by the court of written notice of
entry of the order or judgment.
2. The State of Nevada is an interested
party in proceedings for a writ of habeas corpus. If the district court grants
the writ and orders the discharge or a change in custody of the petitioner, the
district attorney of the county in which the application for the writ was made,
or the city attorney of a city which is situated in the county in which the
application for the writ was made, or the Attorney General on behalf of the
State, may appeal 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 from the order of the district judge within 30 days after the
service by the court of written notice of entry of the order.
3. Whenever an appeal is taken from an
order of the district court discharging a petitioner or committing a petitioner
to the custody of another person after granting a pretrial petition for habeas
corpus based on alleged want of probable cause, or otherwise challenging the
court’s right or jurisdiction to proceed to trial of a criminal charge, the
clerk of the district court shall forthwith certify and transmit 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, as the record on appeal, the original
papers on which the petition was heard in the district court and, if the
appellant or respondent demands it, a transcript of any evidentiary proceedings
had in the district court. The district court shall require its court reporter
to expedite the preparation of the transcript in preference to any request for
a transcript in a civil matter. When the appeal is docketed in the appellate
court of competent jurisdiction pursuant to the rules fixed by the Supreme
Court, it stands submitted without further briefs or oral argument unless the
appellate court of competent jurisdiction pursuant to the rules fixed by the
Supreme Court otherwise orders.
(Added to NRS by 1991,
74; A 2013,
1735)
Notes of Decisions
Cited in
151
cases (
39 in the last 5 years), 1993–2025 · leading case:
Edwards v. State, 918 P.2d 321 (Nev. 1996).
Edwards v. State, 918 P.2d 321 (Nev. 1996).
· cites it 2× “” Pursuant to NRS 34.575(1), petitioners have thirty days after the district court serves written notice of entry of the order denying a petition for a writ of habeas corpus within which to file a notice of appeal.”
Mazzan v. Warden, Nevada State Prison, 921 P.2d 920 (Nev. 1996).
· cites it 2× “This court dismissed the appeal for lack of jurisdiction, concluding that NRS 34.575 “evinces the legislature’s intent to exclude interlocutory appeals during post-conviction habeas proceedings.”
Mazzan v. State, 863 P.2d 1035 (Nev. 1993).
· cites it 5× “815 (now renumbered as NRS 34.575), because this case is indisputably a habeas proceeding.”
Lara v. State, 87 P.3d 528 (Nev. 2004).
“1 See NRS 34.575(1). 2 Lara v. State, Docket No.”
Mann v. State, 46 P.3d 1228 (Nev. 2002).
“…briefing are unwarranted in this matter. See Luckett v. Warden, 91 Nev. 681, 682 , 541 P.2d 910, 911 (1975). 18 See NRS 34.575.”
Phelps v. State, 900 P.2d 344 (Nev. 1995).
“See NRS 34.575. No right to appeal exists where no statute or court rule provides for an appeal.”
Lemmond v. State, 954 P.2d 1179 (Nev. 1998).
· cites it 5× “Rather, on August 12, 1997, there was filed in the district court an amended notice of entry of an order denying appellant’s petition entered on February 1, 1995.”
Sheriff v. Gillock, 912 P.2d 274 (Nev. 1996).
· cites it 2× “NRS 34.575(2) provides for an appeal from an order of the district court granting a writ of habeas corpus and ordering a “discharge or a change in custody of the petitioner.”
Sheriff, Washoe Cnty. v. Middleton, 921 P.2d 282 (Nev. 1996).
“NRS 34.575(2). According to testimony presented at respondent’s preliminary hearing, on August 8, 1994, Thelma Davila disappeared suddenly from the apartment she shared in Reno with her sister, Dora Valverde.”
Hosier v. State, 117 P.3d 212 (Nev. 2005).
“5 See NRS 34.575(1). 6 275 F.3d at 1159 . 7 Id.”
High Desert State Prison Vs. Sanchez (luis), 2019 NV 68 (Nev. 2019).
· cites it 2× “SUPREME COURT OF NEVADA (0) 1447A 4;Ett, 3 mandates that credits earned pursuant to the statute, by an offender who committed a crime on or after July 17, 1997, must "[a]pply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a…”
— Nev. Rev. Stat. § 34.575(1) — 39 cases
Edwards v. State, 918 P.2d 321 (Nev. 1996).
“” Pursuant to NRS 34.575(1), petitioners have thirty days after the district court serves written notice of entry of the order denying a petition for a writ of habeas corpus within which to file a notice of appeal.”
Lara v. State, 87 P.3d 528 (Nev. 2004).
“1 See NRS 34.575(1). 2 Lara v. State, Docket No.”
Lemmond v. State, 954 P.2d 1179 (Nev. 1998).
“Rather, on August 12, 1997, there was filed in the district court an amended notice of entry of an order denying appellant’s petition entered on February 1, 1995.”
Hosier v. State, 117 P.3d 212 (Nev. 2005).
“5 See NRS 34.575(1). 6 275 F.3d at 1159 . 7 Id.”
— Nev. Rev. Stat. § 34.575(2) — 4 cases
Sheriff, Washoe Cnty. v. Middleton, 921 P.2d 282 (Nev. 1996).
“NRS 34.575(2). According to testimony presented at respondent’s preliminary hearing, on August 8, 1994, Thelma Davila disappeared suddenly from the apartment she shared in Reno with her sister, Dora Valverde.”
Sheriff v. Gillock, 912 P.2d 274 (Nev. 1996).
“NRS 34.575(2) provides for an appeal from an order of the district court granting a writ of habeas corpus and ordering a “discharge or a change in custody of the petitioner.”
Mazzan v. State, 863 P.2d 1035 (Nev. 1993).
“815 (now renumbered as NRS 34.575), because this case is indisputably a habeas proceeding.”
— Nev. Rev. Stat. § 34.575(3) — 1 case
Sheriff v. Gillock, 912 P.2d 274 (Nev. 1996).
“NRS 34.575(2) provides for an appeal from an order of the district court granting a writ of habeas corpus and ordering a “discharge or a change in custody of the petitioner.”
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