176.491 - Stay of execution following denial of appeal. - Nevada Statutes

176.491  Stay of execution following denial of appeal.

      1.  Upon the denial of any appeal to the Supreme Court pursuant to chapter 34 or 177 of NRS, the Supreme Court shall dissolve any stay of execution previously entered. No stay of such execution may be entered or continued by the Supreme Court after the denial of an appeal pending the filing of a petition with a federal court or a petition for a writ of certiorari with the Supreme Court of the United States.

      2.  The entry of a stay of issuance of a remittitur in the Supreme Court does not prohibit the application of or the issuance of a warrant of execution by the district court in which the conviction was obtained.

      3.  To stay the execution of a sentence of death following the denial of any appeal to the Supreme Court pursuant to chapter 34 or 177 of NRS, a person under sentence of death must:

      (a) Apply for and obtain a stay in the federal court in which the person applies for a writ of certiorari or habeas corpus; or

      (b) Obtain a stay of execution pursuant to NRS 176.487.

      (Added to NRS by 1987, 1221; A 1989, 491)

      NRS 176.492  Dissolution of stay of execution which was improperly entered.  The respondent may file a petition with the Supreme Court within 10 days after the entry of a stay of execution by a district court to dissolve a stay which was improperly entered. The filing of the petition does not divest the district court of jurisdiction to hear the claims raised by the petition and the district court shall not delay consideration of the claims because of the filing of such a petition with the Supreme Court.

      (Added to NRS by 1987, 1221)