NRS
34.830 Contents and notice of order finally disposing of petition.
1. Any order that finally disposes of a
petition, whether or not an evidentiary hearing was held, must contain specific
findings of fact and conclusions of law supporting the decision of the court.
2. A copy of any decision or order
discharging the petitioner from the custody or restraint under which the
petitioner is held, committing the petitioner to the custody of another person,
dismissing the petition or denying the requested relief must be served by the
clerk of the court upon the petitioner and the petitioner’s counsel, if any,
the respondent and the prosecuting agency.
3. Whenever a decision or order described
in this section is entered by the district court, the clerk of the court shall
prepare a notice in substantially the following form and mail or electronically
deliver a copy of the notice to each person listed in subsection 2:
Case No. .............................................
Dept. No. .............................................
IN
THE ....... JUDICIAL DISTRICT COURT OF THE
STATE
OF NEVADA IN AND FOR THE COUNTY OF ..................
......................................................................
Petitioner,
v. NOTICE
OF ENTRY OF
DECISION
OR ORDER
......................................................................
Respondent.
PLEASE TAKE NOTICE that on
..... (month) ..... (day) ..... (year), the court entered a decision or order
in this matter, a true and correct copy of which is attached to this notice.
You may appeal to the
appellate court of competent jurisdiction pursuant to the rules fixed by the
Supreme Court from the decision or order of this court. If you wish to appeal,
you must file a notice of appeal with the clerk of this court within 33 days
after the date this notice is mailed to you. This notice was mailed on .....
(month) ..... (day) ..... (year)
Dated ..... (month) ..... (day)
..... (year)
.......................................................
Clerk
of court
(SEAL) By
.................................................
Deputy
(Added to NRS by 1985,
1233; A 1987,
1220; 1991,
88; 2001,
26; 2013,
1743; 2023,
1632)
PETITION TO ESTABLISH FACTUAL INNOCENCE
Notes of Decisions
Cited in
24
cases (
2 in the last 5 years), 1990–2022 · leading case:
State v. Bennett, 81 P.3d 1 (Nev. 2003).
State v. Bennett, 81 P.3d 1 (Nev. 2003).
· cites it 2× “Pursuant to NRS 34.830(1) and NRAP 4(b)(2), judgments or orders of the district courts in post-conviction matters must contain "specific findings of fact and conclusions of law supporting the decision.”
Mendoza-Lobos v. State, 218 P.3d 501 (Nev. 2009).
· cites it 2× “, NRS 34.830(1) (providing that any order finally disposing of a habeas corpus petition "must contain specific findings of fact and conclusions of law supporting the decision of the court"), the plain language of NRS 193.”
State v. Eighth Jud. Dist. Court, 112 P.3d 1070 (Nev. 2005).
“See NRS 34.830. In his answer to the State’s petition, Riker also argues that our recent decision in McConnell v.”
Edwards v. State, 918 P.2d 321 (Nev. 1996).
“720 through NRS 34.830. See NRS 34.724(2)(b). Beginning with Peters , this court established a line of cases in which we ruled, based on due process considerations, that the district court has inherent authority to correct, vacate or modify a sentence that is based on a…”
Klein v. Warden, Ely State Prison, 43 P.3d 1029 (Nev. 2002).
· cites it 2× “575(1) and NRS 34.830, the time to file a notice of appeal from an order denying a post-conviction habeas petition does not commence to run until notice of entry of an order denying the petition has been separately served by the district court on both the petitioner and the…”
Lemmond v. State, 954 P.2d 1179 (Nev. 1998).
· cites it 4× “Therefore, despite the general rule that service upon counsel constitutes service upon a party, see NRAP 25(1)(b), NRCP 5(b), the time for filing this appeal did not begin to run until appellant was directly served.”
Abdullah v. State, 294 P.3d 419 (Nev. 2013).
“The notice of appeal designates “the Order entered in this action on February 24, 2011.” DISCUSSION Abdullah raises some issues that would be appropriate on appeal from the judgment of conviction and others that would be appropriate on appeal from the order denying in part his…”
State v. Dist. Ct., 112 P.3d 1070 (Nev. 2005).
“[75] See NRS 34.830. [76] In his answer to the State's petition, Riker also argues that our recent decision in McConnell v.”
Sheriff, Clark Cnty. v. Keeney, 791 P.2d 55 (Nev. 1990).
“See NRS 34.830 (after any determination on a habeas petition, the court shall make specific findings and expressly state its conclusions).”
Nika v. State, 97 P.3d 1140 (Nev. 2004).
“NRS 34.830(1) provides: “Any order that finally disposes of a petition, whether or not an evidentiary hearing was held, must contain specific findings of fact and conclusions of law supporting the decision of the court.”
Foster (John) v. Sheriff (Nev. 2017).
· cites it 2× “Finally, Foster argues that the district court's order denying his postconviction petition is deficient because it fails to include findings of fact and conclusions of law as required by NRS 34.830(1). We conclude that, while the district court's order is devoid of any findings…”
Bolen (Jason) v. State (Nev. 2022).
· cites it 2× “Compounding this procedural error, the district court's order denying the habeas petition does not contain findings of fact and conclusions of law as required by NRS 34.830(1) ("Any order that finally disposes of a petition, whether or not an evidentiary hearing was held, must…”
— Nev. Rev. Stat. § 34.830(1) — 11 cases
State v. Bennett, 81 P.3d 1 (Nev. 2003).
“Pursuant to NRS 34.830(1) and NRAP 4(b)(2), judgments or orders of the district courts in post-conviction matters must contain "specific findings of fact and conclusions of law supporting the decision.”
Mendoza-Lobos v. State, 218 P.3d 501 (Nev. 2009).
“, NRS 34.830(1) (providing that any order finally disposing of a habeas corpus petition "must contain specific findings of fact and conclusions of law supporting the decision of the court"), the plain language of NRS 193.”
Nika v. State, 97 P.3d 1140 (Nev. 2004).
“NRS 34.830(1) provides: “Any order that finally disposes of a petition, whether or not an evidentiary hearing was held, must contain specific findings of fact and conclusions of law supporting the decision of the court.”
Foster (John) v. Sheriff (Nev. 2017).
“Finally, Foster argues that the district court's order denying his postconviction petition is deficient because it fails to include findings of fact and conclusions of law as required by NRS 34.830(1). We conclude that, while the district court's order is devoid of any findings…”
Bolen (Jason) v. State (Nev. 2022).
“Compounding this procedural error, the district court's order denying the habeas petition does not contain findings of fact and conclusions of law as required by NRS 34.830(1) ("Any order that finally disposes of a petition, whether or not an evidentiary hearing was held, must…”
— Nev. Rev. Stat. § 34.830(2) — 3 cases
Abdullah v. State, 294 P.3d 419 (Nev. 2013).
“The notice of appeal designates “the Order entered in this action on February 24, 2011.” DISCUSSION Abdullah raises some issues that would be appropriate on appeal from the judgment of conviction and others that would be appropriate on appeal from the order denying in part his…”
Lemmond v. State, 954 P.2d 1179 (Nev. 1998).
“Therefore, despite the general rule that service upon counsel constitutes service upon a party, see NRAP 25(1)(b), NRCP 5(b), the time for filing this appeal did not begin to run until appellant was directly served.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.