What Chapter 177 Governs in a Nevada Criminal Appeal

NRS Chapter 177NRS Chapter 177 sets out which Nevada criminal judgments and orders can be appealed, what happens while an appeal is pending, and what an appellate court can do with the judgment. The Nevada Rules of Appellate Procedure supply the filing and review procedures for appeals from district court.

For a practical overview of challenging a conviction or sentence, including common grounds for appeal and the stages of review, see our Nevada criminal appeals guide.

Appealable Judgments and Orders Under NRS 177.015

NRS 177.015 distinguishes final judgments from orders that the statute makes separately appealable. It directs appeals from final justice court judgments to the district court for that county. It also authorizes appeals from specified district court orders, including orders granting or refusing a new trial. The State has a separate, expedited route under subsection 2 for certain pretrial suppression rulings, subject to a showing of good cause.

Subsection 4 also defines those situations in which a defendant who has entered a voluntary and informed plea of guilty, no contest, or guilty but mentally ill may appeal from a conviction.

However, the defendant may raise any qualifying ground that attacks the legality of the proceedings. A conditional plea under NRS 174.035(3) may also be used with the consent of the court and prosecutor to preserve for review on appeal any specified pretrial ruling.

For a listing of the types of orders appealable under the statutes and the court in which such appeals are to be filed, see NRS 177.015.

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Notice, the Record, and Appellate Review

Under NRS 177.075, the notice of appeal is filed with the district court clerk in appeals from that court. NRAP 4(b) and 17 govern the timing and assignment of such appeals. A defendant’s appeal from a district court judgment must be filed within 30 days of entry of judgment, subject to certain exceptions. The Nevada Supreme Court may retain an appeal or transfer it to the Court of Appeals.

NRS 177.025 restricts the scope of appellate review to questions of law. Additionally, pursuant to NRS 177.045, the court may review an earlier order entered by a trial court when that order is part of the record in a timely taken appeal.

State Appeals and Stays Under NRS 177.085–177.145

  • NRS 177.085 and the effect of a State appeal. Filing an appeal does not suspend a judgment in the defendant’s favor. The statute separately addresses what happens if the appellate court reverses certain orders.
  • NRS 177.095 and stays of execution in death penalty cases. An appeal stays a death sentence. NRS 177.055 separately addresses automatic appeals in specified cases and mandatory review of the death sentence even when the automatic appeal is waived.
  • NRS 177.105–177.145 cover imprisonment, fines, probation, bail, and requests for relief while an appeal is pending. Under NRS 177.105, a sentence of imprisonment is stayed when the defendant appeals and is admitted to bail.

Appellate Judgments and Separate Relief Under Chapter 34

NRS 177.255 directs the appellate court to ignore technical errors that do not affect the substantial rights of parties. NRS 177.265 permits the appellate court to affirm, reverse, or modify the judgment and to grant a new trial if necessary.

A postconviction habeas petition follows a separate procedure under NRS 34.724. Under NRS 34.726, a petition challenging the conviction or sentence generally must be filed within one year of entry of the judgment of conviction or, if the judgment was appealed, within one year after the appellate court issues its remittitur. The statute allows an exception for good cause.

See the Nevada post-conviction relief guide for more on this separate procedure.

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