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

Nev. Rev. Stat. § 34.738

Petition: Filing in appropriate county; limitation on scope

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NRS 34.738  Petition: Filing in appropriate county; limitation on scope.

      1.  A petition that challenges the validity of a judgment of conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred. Any other petition must be filed with the clerk of:

      (a) The district court for the county in which the petitioner is incarcerated, if, at the time the petition is filed, the petitioner is incarcerated in this State;

      (b) The district court for the county in which the petitioner resides, if, at the time the petition is filed, the petitioner has been released from the custody of the Department of Corrections and resides in this State; or

      (c) The First Judicial District Court in and for Carson City, if, at the time the petition is filed, the petitioner:

             (1) Is incarcerated outside this State while serving a term of imprisonment imposed by a court of this State; or

             (2) Has been released from the custody of the Department of Corrections and resides outside this State.

      2.  A petition that is not filed in the district court for the appropriate county:

      (a) Shall be deemed to be filed on the date it is received by the clerk of the district court in which the petition is initially lodged; and

      (b) Must be transferred by the clerk of that court to the clerk of the district court for the appropriate county.

      3.  A petition must not challenge both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to a judgment of conviction. If a petition improperly challenges both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to a judgment of conviction, the district court for the appropriate county shall resolve that portion of the petition that challenges the validity of the judgment of conviction or sentence and dismiss the remainder of the petition without prejudice.

      (Added to NRS by 1991, 76; A 1999, 145; 2019, 3009; 2023, 1627; 2025, 258)

     

Notes of Decisions
Cited in 107 cases (8 in the last 5 years), 1996–2023 · leading case: Griffin v. State
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Griffin v. State (2006) nev · cites it 4× “NRS 34.738(1) provides that a petition that challenges the validity of the judgment of conviction and sentence “must be filed with the clerk of the district court for the county in which the conviction occurred.”
Mazzan v. Warden, Nevada State Prison (1996) nev “” NRS 34.738(1) provides: “A petition that challenges the validity of a conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred.”
Gonzales v. State (2002) nev “16 See NRS 34.738(1) (“A petition that challenges the validity of a conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred.”
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”). NRS 34.750(5) (emphasis added).”
Hosier v. State (2005) nev “4 See NRS 34.738(1); NRAP 22. We express no opinion as to whether Hosier could satisfy the procedural requirements of NRS chapter 34 if he were to file a habeas corpus petition at such a late date.”
Adkisson (Michael) Vs. State (2020) nev · cites it 3× “77908-COA (Order of Reversal and Remand, October 22, 2019), is mistaken, as Green did not involve challenges to both the sentence and the computation of time and thus did not implicate NRS 34.”
Edwards (Carl) v. Dist. Ct. (State) (2022) nev · cites it 3× “724(2)(b),(c); NRS 34.738(1). Accordingly, we ORDER the petition DENIED.”
Johnson v. Perry (2021) nvd · cites it 3× “See NRS § 34.738(1). If such a petition is 21 not filed in the district court for the correct county, then the clerk of the incorrect county 22 must transfer the petition to the clerk of the district court for the correct county.”
Legrand v. Dist. Ct. (Sutton (Kevin)) (2015) nev · cites it 4× “See NRS 34.738(1). Petitioner argues that Sutton's postconviction petition challenges the validity of his sentence and therefore must be filed in the jurisdiction where his conviction occurred.”
Smith (Taniko) v. the Eighth Jud. Dist. Ct. (2016) nev · cites it 2× “724(2)(b); NRS 34.738(1). Accordingly, we ORDER the petition DENIED.”
Iszaz (Rigoberto) v. State (2016) nev · cites it 2× “724(2)(b); NRS 34.738(1). Petitioner has failed to demonstrate a need for the original stenographic transcript of the September 23, 2013, hearing.”
Rosas, Jr. (Ernest) v. State (2018) nev · cites it 2× “See NRS 34.738(1). Thus, appellant filed his petition in the wrong district 'Having considered the pro se brief filed by appellant, we conclude that a response is not necessary.”
Show all 107 citing cases →
— Nev. Rev. Stat. § 34.738(1) — 81 cases
Griffin v. State (2006) nev “NRS 34.738(1) provides that a petition that challenges the validity of the judgment of conviction and sentence “must be filed with the clerk of the district court for the county in which the conviction occurred.”
Mazzan v. Warden, Nevada State Prison (1996) nev “” NRS 34.738(1) provides: “A petition that challenges the validity of a conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred.”
Gonzales v. State (2002) nev “16 See NRS 34.738(1) (“A petition that challenges the validity of a conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred.”
Hosier v. State (2005) nev “4 See NRS 34.738(1); NRAP 22. We express no opinion as to whether Hosier could satisfy the procedural requirements of NRS chapter 34 if he were to file a habeas corpus petition at such a late date.”
Edwards (Carl) v. Dist. Ct. (State) (2022) nev “724(2)(b),(c); NRS 34.738(1). Accordingly, we ORDER the petition DENIED.”
— Nev. Rev. Stat. § 34.738(2) — 3 cases
Griffin v. State (2006) nev “NRS 34.738(1) provides that a petition that challenges the validity of the judgment of conviction and sentence “must be filed with the clerk of the district court for the county in which the conviction occurred.”
Owens (Dexter) v. Warden (2016) nev
Johnson v. Perry (2021) nvd “See NRS § 34.738(1). If such a petition is 21 not filed in the district court for the correct county, then the clerk of the incorrect county 22 must transfer the petition to the clerk of the district court for the correct county.”
— Nev. Rev. Stat. § 34.738(2)(b) — 4 cases
Legrand v. Dist. Ct. (Sutton (Kevin)) (2015) nev “See NRS 34.738(1). Petitioner argues that Sutton's postconviction petition challenges the validity of his sentence and therefore must be filed in the jurisdiction where his conviction occurred.”
Legrand v. Dist. Ct. (Dearion (Wayne)) (2015) nev
Rosas, Jr. (Ernest) v. State (2018) nev “See NRS 34.738(1). Thus, appellant filed his petition in the wrong district 'Having considered the pro se brief filed by appellant, we conclude that a response is not necessary.”
Acosta (Blas) v. State (2019) nev
— Nev. Rev. Stat. § 34.738(3) — 8 cases
Adkisson (Michael) Vs. State (2020) nev “77908-COA (Order of Reversal and Remand, October 22, 2019), is mistaken, as Green did not involve challenges to both the sentence and the computation of time and thus did not implicate NRS 34.”
Soria (Alex) v. State (2019) nev
Braunstein (Steven) v. Warden (2019) nev
Garcia (Juan) v. State (2014) nev
Ellis (Howard) v. State (2014) nev
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