34.726 - Limitations on time to file; stay of sentence. - Nevada Statutes

34.726  Limitations on time to file; stay of sentence.

      1.  Unless there is good cause shown for delay, a petition that challenges the validity of a judgment or sentence must be filed within 1 year after entry of the judgment of conviction or, if an appeal has been taken from the judgment, within 1 year after the Supreme Court issues its remittitur. For the purposes of this subsection, good cause for delay exists if the petitioner demonstrates to the satisfaction of the court:

      (a) That the delay is not the fault of the petitioner; and

      (b) That dismissal of the petition as untimely will unduly prejudice the petitioner.

      2.  The execution of a sentence must not be stayed for the period provided in subsection 1 solely because a petition may be filed within that period. A stay of sentence must not be granted unless:

      (a) A petition is actually filed; and

      (b) The petitioner establishes a compelling basis for the stay.

      (Added to NRS by 1991, 75)