Nev. Rev. Stat. § 34.720

Scope of provisions

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NRS 34.720  Scope of provisions.  The provisions of NRS 34.720 to 34.830, inclusive, apply only to petitions for writs of habeas corpus in which the petitioner:

      1.  Requests relief from a judgment of conviction or sentence in a criminal case; or

      2.  Challenges the computation of time that the petitioner has served pursuant to a judgment of conviction.

      (Added to NRS by 1985, 1233; A 1987, 1217; 1991, 79; 2023, 1619)

     

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1993–2021 · leading case: McConnell v. State
McConnell v. State (2009) nev · cites it 2× “Under NRS 34.720, a post-conviction petition for a writ of habeas corpus is available to address two types of claims: (1) “[rjequests [for] relief from a judgment of conviction or sentence in a criminal case” and (2) “[cjhallenges [to] the computation of time that [the…”
Means v. State (2004) nev “Finally, regarding Means’s argument that counsel was ineffective for failing to move to withdraw Means’s guilty plea before sentencing, the record does not reveal that Means demonstrated a desire to withdraw his plea before sentencing.”
Edwards v. State (1996) nev “In all other cases, post-conviction challenges to “the validity of [a] conviction or sentence” must be brought pursuant to NRS 34.720 through NRS 34.830. See NRS 34.”
Miles v. State (2004) nev “1990) (noting in a post-conviction habeas case, that “[e]ven an essential element of a pleading, like verification, may be added by amendment”).”
Hosier v. State (2005) nev “6 In fact, as Blair observes, this court “has not issued a writ of habeas corpus under its original jurisdic *412 tion since the passage of NRS 34.720 et seq.” 7 Thus, we decline to exercise this court’s original jurisdiction to consider this original petition challenging the…”
Mazzan v. State (1993) nev “830, inclusive, apply to proceedings pursuant to NRS 34.720 to 34.830, inclusive.” (Emphasis added.”
Monroe v. Baca (2019) nvd · cites it 2× “First, the state district court determined that 7 the first petition was a challenge to computation of time under Nev. Rev. Stat. § 34.720 , and that 8 a petition challenging the computation of time does not count as a first petition for the purposes of 9 the successive petition…”
Moore (Evan) v. State (2016) nev “830, inclusive, apply to proceedings pursuant to NRS 34.720 to 34.830, inclusive." NRS 34.”
Hooper (David) v. Warden (2016) nev “See NRS 34.720 (setting forth the scope of petitions for postconviction habeas relief).”
Lobato (Kirstin) v. State (2016) nev “On its face, Lobato's petition is designated as a postconviction petition for a writ of habeas corpus and was accordingly filed pursuant to NRS 34.720- 34.830: But more to the point, NRS 34.”
Cavill (Roy) v. Dist. Ct. (State) (2016) nev “Neely, III Attorney General/Carson City Nye County District Attorney Nye County Clerk 'If petitioner seeks to further challenge his judgment of conviction, he must file a postconviction petition for a writ of habeas corpus as provided in NRS 34.720 to MRS 34.830. See NRS 34.724.”
Wetzel (Gary) v. State (2017) nev “See NRS 34.720. SUPREME COURT OF NEVADA (0) 1947A )4030 district court clerk's file stamp with a September 1987 date and the signature of Judge J.”
— Nev. Rev. Stat. § 34.720(1) — 6 cases
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