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Nevada law
has rules for appealing decisions made when a defendant has been convicted of a crime or when a defendant has received an unfavorable decision in a criminal proceeding. While defendants have to initiate appeals under most circumstances, there is a situation where an appeal is automatic: when a defendant has been sentenced to death.
Nevada law provides for an automatic direct appeal in certain death penalty cases and requires appellate review of the death sentence even if the appeal is waived.
If you have been charged with or convicted of a crime for which the death penalty is a possible punishment, you need to be very proactive in responding to the serious charges against you and in fighting for your future. This is especially important if you have actually been convicted and sentenced to death. A Las Vegas criminal defense attorney should be consulted for legal help as early as possible in death penalty cases, but it is never too late to pursue legal assistance from a knowledgeable advocate who can help you.
LV Criminal Defense can provide you with assistance during the entirety of your initial criminal proceedings or the appeals process. Give us a call as soon as possible to find out more.
Nevada Revised Statutes 177.095 provides details on the Nevada rules for a stay of execution when someone has been sentenced to death. According to the relevant code section, if an appeal is taken, a sentence of death must be stayed. The sentence should not be executed or carried out until the entirety of the appeals process has been exhausted.
A death sentence is automatically stayed while a direct appeal from the judgment of conviction and sentence is pending. If the appeal is denied, a separate stay is required to halt execution during later state postconviction or federal review.
Top Rated Criminal LawyerNick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
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N.R.S. 177.055 explains the circumstances under which an appeal is automatic. An appeal is automatic whenever a defendant has been sentenced to death following a plea of not guilty or a plea of not guilty by reason of insanity. No action must be taken by the defendant or defendant’s attorney in order to initiate the appeal. The defendant, personally or through counsel, may expressly waive the automatic appeal within 30 days after the court pronounces judgment.
Before accepting the waiver, the district court must hold a hearing to determine whether the defendant is competent to waive the appeal and must issue written findings on competency. The defendant must understand the consequences of the waiver.
Under NRS 177.055(2), the Nevada Supreme Court must consider whether the evidence supports the aggravating circumstances found in the case, whether passion, prejudice, or an arbitrary factor influenced the sentence, and whether the death sentence is excessive in light of the crime and the defendant. If the trial court found that the defendant did not have an intellectual disability after a hearing under NRS 174.098, the Supreme Court must review that finding. If an appeal is taken, the court also considers the errors raised on appeal.
The court can affirm the death sentence after review, can set aside the sentence and send the case to a new jury for a new sentencing hearing, or can set aside the sentence and impose a new penalty of life imprisonment instead of death.
If you are facing a death sentence or any criminal penalties and want to appeal, a Las Vegas defense attorney can help you. Call LV Criminal Defense today to find out more about the ways in which we can assist you.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
NRS Chapter 177: Appeals and Remedies After Conviction
