Nevada § 176.487 - Determination of whether to enter stay of execution

§ 176.487. Determination of whether to enter stay of execution

When a person under a sentence of death files a proper postconviction petition for

habeas corpus challenging a judgment of conviction or sentence, a district court,

the Court of Appeals or the Supreme Court on a subsequent appeal shall enter a stay

of execution if the court finds a stay necessary for a proper consideration of the

claims for relief. In making this determination, the court shall consider whether: 1. The petition is the first effort by the petitioner to raise constitutional claims

for relief after a direct appeal from a conviction and the petition raises claims

other than those which could have been raised at trial or on direct appeal. 2. The petition is timely filed and jurisdictionally appropriate and does not set

forth conclusory claims only. 3. If the petition is not the first petition for postconviction relief, it raises

constitutional claims which are not procedurally barred by laches, the law of the

case, the doctrines of abuse of the writ or successive petition or any other procedural

default. 4. If the petition is a second or successive petition, it presents substantial grounds

upon which relief might be granted and valid justification for the claims not having

been presented in a prior proceeding. 5. The petition asserts claims based upon specified facts or law which, if true, would

entitle the petitioner to relief. 6. The court cannot decide legal claims which are properly raised or expeditiously

hold an evidentiary hearing on factual claims which are properly raised before the

execution of sentence.