1. When a remittitur showing the affirmation of a judgment of death has been filed with the clerk of the court from which the appeal has been taken, the court in which the conviction was obtained shall inquire into the facts, and, if no legal reasons exist prohibiting the execution of the judgment, shall make and enter an order requiring the Director of the Department of Corrections to execute the judgment at a specified time. The presence of the defendant in the court at the time the order of execution is made and entered, or the warrant is issued, is not required.
2. When an opinion, order dismissing appeal or other order upholding a sentence of death is issued by the appellate court of competent jurisdiction pursuant to chapter 34 or 177 of NRS, the court in which the sentence of death was obtained shall inquire into the facts and, if no legal reason exists prohibiting the execution of the judgment, shall make and enter an order requiring the Director of the Department of Corrections to execute the judgment during a specified week. The presence of the defendant in the court when the order of execution is made and entered, or the warrant is issued, is not required.
3. Notwithstanding the entry of a stay of issuance of a remittitur in the appellate court of competent jurisdiction following denial of appellate relief in a proceeding brought pursuant to chapter 34 or 177 of NRS, the court in which the conviction was obtained shall, upon application of the Attorney General or the district attorney of the county in which the conviction was obtained, cause another warrant to be drawn, signed by the judge and attested by the clerk under the seal of the court, and delivered to the Director of the Department of Corrections.
(Added to NRS by 1967, 1442; A 1977, 863; 1989, 491; 2001 Special Session, 221; 2013, 1758)
Structure Nevada Revised Statutes
Chapter 176 - Judgment and Execution
NRS 176.002 - "Division" defined.
NRS 176.0121 - "Commission" defined.
NRS 176.0125 - Duties of Commission.
NRS 176.0126 - Subpoenas: Power to issue; compelling performance.
NRS 176.0131 - Legislative findings and declarations.
NRS 176.01315 - "Department" defined.
NRS 176.01317 - "Executive Director" defined.
NRS 176.0132 - "Sentencing Commission" defined.
NRS 176.01327 - Duties of Executive Director.
NRS 176.0134 - Duties of Sentencing Commission.
NRS 176.0136 - Subpoenas: Power to issue; compelling performance.
NRS 176.014 - Creation; composition; Chair; duties; terms of members; per diem; staff.
NRS 176.055 - Credit against sentence of imprisonment.
NRS 176.057 - Effect of finding of guilty but mentally ill or acceptance of such plea.
NRS 176.075 - Rate of imprisonment in default of administrative assessment, fine or forfeiture.
NRS 176.085 - Reduction of excessive fine or administrative assessment; payment in installments.
NRS 176.09111 - "Agency of criminal justice" defined.
NRS 176.09112 - "Biological specimen" defined.
NRS 176.09113 - "CODIS" defined.
NRS 176.09114 - "DNA" defined.
NRS 176.09115 - "DNA profile" defined.
NRS 176.09116 - "DNA record" defined.
NRS 176.09117 - "Forensic laboratory" defined.
NRS 176.09118 - "Genetic marker analysis" defined.
NRS 176.09119 - "State DNA Database" defined.
NRS 176.09121 - State DNA Database: Establishment; duties.
NRS 176.0917 - County to designate forensic laboratory to conduct or oversee analysis; criteria.
NRS 176.09183 - Grounds for granting or dismissing petition; appeal.
NRS 176.0919 - Execution stayed pending results of genetic marker analysis.
NRS 176.0922 - "Central Repository" defined.
NRS 176.0923 - "Crime against a child" defined.
NRS 176.0924 - "Record of registration" defined.
NRS 176.0925 - "Sexual offense" defined.
NRS 176.0931 - Special sentence for sex offenders; petition for release from lifetime supervision.
NRS 176.095 - State Board of Parole Commissioners may direct release of state prisoner on parole.
NRS 176.105 - Judgment in criminal action generally.
NRS 176.125 - Entry of judgment of conviction; what papers constitute record of action.
NRS 176.135 - Presentence investigation and report: When required; time for completing; training.
NRS 176.145 - Presentence investigation and report: Contents of report.
NRS 176.165 - When plea of guilty, guilty but mentally ill or nolo contendere may be withdrawn.
NRS 176.265 - Fines to be paid into State Treasury.
NRS 176.285 - Fines in Justice Court to be paid to county treasurer; due date.
NRS 176.295 - Costs when criminal action removed before trial; clerk to certify costs to auditor.
NRS 176.315 - Judgment of imprisonment in county jail: How executed.
NRS 176.325 - Judgment of imprisonment in state prison: How executed.
NRS 176.345 - Proceedings when conviction carries death penalty.
NRS 176.355 - Execution of death penalty: Method; time and place; witnesses.
NRS 176.357 - Request for notification of execution of death penalty; request to attend.
NRS 176.365 - Director of Department of Corrections to make return on death warrant.
NRS 176.415 - When execution of death penalty may be stayed.
NRS 176.425 - Sanity investigation: Filing of petition; stay of execution.
NRS 176.435 - Sanity investigation: Conduct of hearing.
NRS 176.445 - Execution of judgment when defendant found sane.
NRS 176.465 - Investigation of pregnancy: Procedure; hearing.
NRS 176.485 - Costs of investigations borne by State; manner of payment.
NRS 176.486 - Authority to enter stay of execution.
NRS 176.487 - Determination of whether to enter stay of execution.
NRS 176.488 - Entry of stay of execution and necessary orders.
NRS 176.489 - Vacation of stay of execution.
NRS 176.491 - Stay of execution following denial of appeal.
NRS 176.492 - Dissolution of stay of execution which was improperly entered.
NRS 176.495 - New warrant generally.
NRS 176.505 - Order following appeal.
NRS 176.515 - Court may grant new trial or vacate judgment in certain circumstances.
NRS 176.525 - Arrest of judgment: When granted and time in which motion is to be made.
NRS 176.535 - Effect of arresting judgment.
NRS 176.545 - Procedure after allowance of arrest of judgment.