The
party aggrieved in a criminal action may appeal only as follows:
1. Whether that party is the State or the defendant:
(a) To the district court of the county from a final judgment of
the Justice Court.
(b) To the Supreme Court from an order of the district court
granting a motion to dismiss, a motion for acquittal or a motion in
arrest of judgment, or granting or refusing a new trial.
(c) To the Supreme Court from a determination of the district court
about whether a defendant is mentally retarded that is made as a result
of a hearing held pursuant to NRS 174.098 . If the Supreme Court entertains the appeal,
it shall enter an order staying the criminal proceedings against the
defendant for such time as may be required.
2. The State may, upon good cause shown, appeal to the Supreme
Court from a pretrial order of the district court granting or denying a
motion to suppress evidence made pursuant to NRS 174.125 . Notice of the appeal must be filed with the
clerk of the district court within 2 judicial days and with the Clerk of
the Supreme Court within 5 judicial days after the ruling by the district
court. The clerk of the district court shall notify counsel for the
defendant or, in the case of a defendant without counsel, the defendant
within 2 judicial days after the filing of the notice of appeal. The
Supreme Court may establish such procedures as it determines proper in
requiring the appellant to make a preliminary showing of the propriety of
the appeal and whether there may be a miscarriage of justice if the
appeal is not entertained. If the Supreme Court entertains the appeal, or
if it otherwise appears necessary, it may enter an order staying the
trial for such time as may be required.
3. The defendant only may appeal from a final judgment or verdict
in a criminal case.
4. Except as otherwise provided in subsection 3 of NRS 174.035
, the defendant in a criminal case shall
not appeal a final judgment or verdict resulting from a plea of guilty or
nolo contendere that the defendant entered into voluntarily and with a
full understanding of the nature of the charge and the consequences of
the plea, unless the appeal is based upon reasonable constitutional,
jurisdictional or other grounds that challenge the legality of the
proceedings. The Supreme Court may establish procedures to require the
defendant to make a preliminary showing of the propriety of the appeal.
(Added to NRS by 1967, 1443; A 1971, 1450; 1973, 1489; 1981, 1705;
1991, 652; 1995, 1535; 1997, 645; 2003, 769 , 1468 )
The appeal to the Supreme Court from the district court can be
taken on questions of law alone.
(Added to NRS by 1967, 1444)
The party appealing
shall be known as the appellant, and the adverse party as the respondent,
but the title of the action is not changed by reason of the appeal.
(Added to NRS by 1967, 1444)
Upon the appeal, any decision of the court in an intermediate
order or proceeding, forming a part of the record, may be reviewed.
(Added to NRS by 1967, 1444)
1. When upon a plea of not guilty or not guilty by reason of
insanity a judgment of death is entered, an appeal is deemed
automatically taken by the defendant without any action by him or his
counsel, unless the defendant or his counsel affirmatively waives the
appeal within 30 days after the rendition of the judgment.
2. Whether or not the defendant or his counsel affirmatively
waives the appeal, the sentence must be reviewed on the record by the
Supreme Court, which shall consider, in a single proceeding, if an appeal
is taken:
(a) Any errors enumerated by way of appeal;
(b) If a court determined that the defendant is not mentally
retarded during a hearing held pursuant to NRS 174.098 , whether that determination was correct;
(c) Whether the evidence supports the finding of an aggravating
circumstance or circumstances;
(d) Whether the sentence of death was imposed under the influence
of passion, prejudice or any arbitrary factor; and
(e) Whether the sentence of death is excessive, considering both
the crime and the defendant.
3. The Supreme Court, when reviewing a death sentence, may:
(a) Affirm the sentence of death;
(b) Set the sentence aside and remand the case for a new penalty
hearing before a newly impaneled jury; or
(c) Set aside the sentence of death and impose the sentence of
imprisonment for life without possibility of parole.
(Added to NRS by 1967, 1444; A 1977, 1545; 1985, 1597; 1995, 2456;
2003, 770 , 1468 , 2084 )
1. Except where appeal is automatic, an appeal from a district
court to the Supreme Court is taken by filing a notice of appeal with the
clerk of the district court. Bills of exception and assignments of error
in cases governed by this chapter are abolished.
2. When a court imposes sentence upon a defendant who has not
pleaded guilty and who is without counsel, the court shall advise the
defendant of his right to appeal, and if he so requests, the clerk shall
prepare and file forthwith a notice of appeal on his behalf.
3. A notice of appeal must be signed:
(a) By the appellant or appellant’s attorney; or
(b) By the clerk if prepared by him.
(Added to NRS by 1967, 1444; A 1971, 149; 1985, 62; 1995, 2457;
2003, 1469 )
1. An appeal taken by the State shall in no case stay or affect
the operation of a judgment in favor of the defendant; but if the appeal
by the State is from an order granting a motion to set aside an
indictment or information, and upon such appeal the order is reversed,
the defendant shall thereupon be liable to arrest and trial upon the
indictment or information. In all such cases any statute of limitations
on the offense from which the appeal is taken is tolled from the time the
notice of appeal is filed by the State until such appeal is heard and a
ruling made thereon.
2. If the appeal by the State is from an order allowing a motion
in arrest of judgment, or granting a motion for a new trial, and upon
appeal the order is reversed, the trial court shall enter judgment
against the defendant.
(Added to NRS by 1967, 1444; A 1969, 106)
A sentence
of death shall be stayed if an appeal is taken.
(Added to NRS by 1967, 1445)
A
sentence of imprisonment shall be stayed if an appeal is taken and the
defendant is admitted to bail.
(Added to NRS by 1967, 1445)
A sentence to pay a fine
or a fine and costs, if an appeal is taken, may be stayed by a Justice
Court, district court, or by the Supreme Court upon such terms as the
court deems proper. The court may require the defendant pending appeal to
deposit the whole or any part of the fine and costs in the registry of
the court appealed from, or to give bond for the payment thereof, or to
submit to an examination of assets, and it may make any appropriate order
to restrain the defendant from dissipating his assets.
(Added to NRS by 1967, 1445)
An order placing the defendant on
probation may be stayed if an appeal is taken.
(Added to NRS by 1967, 1445)
Admission to bail upon
appeal shall be as provided in this title.
(Added to NRS by 1967, 1445)
If application
is made to a district court or to a justice of the Supreme Court for bail
pending appeal or for an extension of time for filing the record on
appeal or for any other relief which might have been granted by the trial
court, the application shall be upon notice and shall show that:
1. Application to the court below or a judge thereof is not
practicable;
2. Application has been made and denied, with the reasons given
for the denial; or
3. The action on the application did not afford the relief to
which the applicant considers himself to be entitled.
(Added to NRS by 1967, 1445)
The supervision and control of
the proceedings on appeal shall be in the appellate court from the time
the notice of appeal is filed with its clerk, except as otherwise
provided in this title. The appellate court may at any time entertain a
motion to dismiss the appeal, or for directions to the trial court, or to
modify or vacate any order made by the trial court or by any judge or
justice of the peace in relation to the prosecution of the appeal,
including any order fixing or denying bail.
(Added to NRS by 1967, 1445)
All
appeals from a district court to the Supreme Court shall be heard on the
original papers and the reporter’s transcript of evidence or proceedings.
The form and manner of preparation of the record and of other papers
filed may be prescribed by the Supreme Court, and to the extent not
otherwise so prescribed shall conform to the practice in civil cases.
(Added to NRS by 1967, 1445)
DISMISSAL OR ARGUMENT OF APPEAL
The Supreme Court may, on
its own motion or on motion of the respondent, dismiss an appeal:
1. If the appeal is irregular in any substantial particular.
2. If the appellant has failed to comply with the requirements for
docketing of the record on appeal or filing briefs, unless for good cause
shown an extension is granted.
(Added to NRS by 1967, 1446; A 1985, 63)
Unless good cause is shown for an
earlier hearing, the Supreme Court shall set the appeal for argument on a
date not less than 30 days after the expiration of the time limited for
filing briefs and as soon thereafter as the state of the calendar will
permit. Preference shall be given to appeals in criminal cases over
appeals in civil cases.
(Added to NRS by 1967, 1446)
JUDGMENT UPON APPEAL
Judgment of affirmance may be granted without
argument, if the appellant fail to appear. But judgment of reversal can
only be given upon argument, orally or upon written brief, though the
respondent fail to appear.
(Added to NRS by 1967, 1446)
Upon the
argument of the appeal, if the offense is punishable with death, two
counsel shall be heard on each side, if they require it. In any other
case the Court may, in its discretion, restrict the argument to one
counsel on each side.
(Added to NRS by 1967, 1446)
The defendant need not
personally appear in the Supreme Court.
(Added to NRS by 1967, 1446)
After hearing the appeal, the Court shall give judgment without
regard to technical error or defect which does not affect the substantial
rights of the parties.
(Added to NRS by 1967, 1446)
The Supreme Court may
reverse, affirm, or modify the judgment appealed from, and may, if
necessary or proper, order a new trial.
(Added to NRS by 1967, 1447)
1. An appeal to the Supreme Court from a judgment of death or the
review of such a judgment by that Court must be decided and an opinion
rendered within 150 days after the Court has received the record on
appeal from the clerk of the sentencing court. If an opinion is not
rendered within that time, the Chief Justice of the Supreme Court shall
state on the record the reasons which caused the delay and the facts
supporting those reasons.
2. Any failure of the Court to comply with the requirements of
this section is not a ground for setting aside the judgment of death.
(Added to NRS by 1985, 388)
If a judgment against the defendant is reversed,
without ordering a new trial, the Supreme Court shall direct, if he is in
custody, that he be discharged therefrom, or if he is admitted to bail,
that his bail be exonerated, or if money be deposited instead of bail,
that it be refunded to the defendant.
(Added to NRS by 1967, 1447)
On a judgment
of affirmance against the defendant, the original judgment shall be
carried into execution, as the Supreme Court shall direct.
(Added to NRS by 1967, 1447)
After the certificate of judgment has
been remitted, the Supreme Court shall have no further jurisdiction of
the appeal or of the proceedings thereon, and all orders which may be
necessary to carry the judgment into effect shall be made by the Court to
which the certificate is remitted.
(Added to NRS by 1967, 1447)
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