NRS 177.015: Appeals to the District Court, Court of Appeals and Supreme Court

Which Rulings Can Be Appealed, and Which Court Hears Them?

NRS 177.015 identifies who may appeal certain Nevada criminal judgments and orders and which court can hear the appeal. The route depends on which court entered the ruling, what it decided, and who is appealing. For the rest of the chapter, including stays and appellate judgments, see the NRS Chapter 177 overview.

Final Justice Court Judgments Go to the County District Court

Under NRS 177.015(1)(a), an appeal from a final justice court judgment goes to the district court for the same county. Either the State or the defendant can use this route when aggrieved by an appealable judgment. In Warren v. Eighth Judicial District Court, 134 Nev. 649 (2018), the Nevada Supreme Court held that the State could appeal an order dismissing a felony and gross misdemeanor complaint because it ended the case in justice court. The district court has final appellate jurisdiction over the justice court case.

District Court Judgments and Separately Appealable Orders

Subsection (3) provides for the ordinary appeal from a final judgment or verdict to the defendant in accordance with the following plea limits. Subsection (1)(b) provides that either aggrieved party may appeal from a district court’s order granting dismissal, acquittal, or arrest of judgment, or granting or denying a new trial. However, the State’s right to appeal from an acquittal order is subject to constitutional double jeopardy limits.

Subsection (1)(c) also allows either aggrieved party to appeal a district court’s determination of intellectual disability after a hearing under NRS 174.098. If the appellate court agrees to hear that appeal, it must stay the criminal proceedings for as long as necessary.

State Appeals of Pretrial Suppression Orders

Under NRS 177.015(2), the State may appeal a district court’s pretrial order granting or denying a suppression motion made under NRS 174.125 if it shows good cause. The State must file notice with the district court clerk within two judicial days and with the Clerk of the Nevada Supreme Court within five judicial days, both measured from the ruling. The district court clerk then has two judicial days from the filing to notify defense counsel or the unrepresented defendant.

The appellate court may require a preliminary showing that review is proper and that declining review could result in a miscarriage of justice. It may also stay the trial if it takes the appeal or otherwise finds a stay necessary. See NRS 177.085 on the effect of a State appeal for what happens when the State appeals other rulings.

What a Defendant Can Appeal After a Plea

The limitations of appeals of voluntary guilty, guilty-but-mentally-ill, or no-contest pleas entered with a full understanding of the charge and its consequences are set forth in subsection (4). Appeals on other grounds, including reasonable constitutional, jurisdictional, or other grounds to challenge the legality of proceedings, may be permitted by the appellate court upon a preliminary showing that the appeal is proper.

A conditional plea can be entered pursuant to NRS 174.035(3) to preserve review of a ruling on a specified pre-trial motion. The court and the district attorney must agree to the conditional plea and the defendant must identify in writing the issue(s) that he or she intends to raise on appeal. If the defendant is successful on appeal, he or she may withdraw the plea.

How Nevada Assigns Appeals From District Court

Under NRS 177.075, the notice of appeal from a district court decision ordinarily goes to the district court clerk. The Nevada Supreme Court retains or assigns the appeal under the Nevada Rules of Appellate Procedure, Rule 17. The Supreme Court retains death penalty cases, while appeals from convictions based on pleas ordinarily go to the Court of Appeals.

For filing deadlines, the steps in a direct appeal, and possible outcomes, see the Nevada criminal appeals guide.