Nevada § 34.500 - Grounds for discharge in certain cases
Full text of Nevada Nevada Revised Statutes § 34.500 — Grounds for discharge in certain cases, with citation guidance and answers to common questions.
§ 34.500. Grounds for discharge in certain cases
If it appears on the return of the writ of habeas corpus that the petitioner is in
custody by virtue of process from any court of this State, or judge or officer thereof,
the petitioner may be discharged in any one of the following cases: 1. When the jurisdiction of the court or officer has been exceeded. 2. When the imprisonment was at first lawful, yet by some act, omission or event,
which has taken place afterwards, the petitioner has become entitled to be discharged. 3. When the process is defective in some matter of substance required by law, rendering
it void. 4. When the process, though proper in form, has been issued in a case not allowed
by law. 5. When the person having the custody of the petitioner is not the person allowed
by law to detain the petitioner. 6. Where the process is not authorized by any judgment, order or decree of any court,
nor by any provision of law. 7. Where the petitioner has been committed or indicted on a criminal charge, including
a misdemeanor, except misdemeanor violations of chapters 484A to 484E, inclusive,
of NRS or any ordinance adopted by a city or county to regulate traffic, without reasonable
or probable cause. 8. Where the petitioner has been committed or indicted on any criminal charge under
a statute or ordinance that is unconstitutional, or if constitutional on its face
is unconstitutional in its application. 9. Where the court finds that there has been a specific denial of the petitioner's
constitutional rights with respect to the petitioner’s conviction or sentence in a
criminal case.
Frequently Asked Questions About Nevada § 34.500
What does Nevada Revised Statutes § 34.500 cover?
Section 34.500 ("Grounds for discharge in certain cases") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 34.500?
A common citation format is "Nevada Revised Statutes § 34.500" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 34.500 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.