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Nev. Rev. Stat. § 34.726 : REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS — Writs; Petition to Establish Factual Innocence —HABEAS CORPUS —Petitions for Postconviction Relief — 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 appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution 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.
NRS 34.726
Added to NRS by [Ch. 44]; A [Ch. 343]
Added to NRS by 1991, 75
