Nevada § 34.724 - Persons who may file petition; no filing fee required; effect of filing

§ 34.724. Persons who may file petition; no filing fee required; effect of filing

1. Any person convicted of a crime and under sentence of death or imprisonment who

claims that the conviction was obtained, or that the sentence was imposed, in violation

of the Constitution of the United States or the Constitution or laws of this State,

or who, after exhausting all available administrative remedies, claims that the time

the person has served pursuant to the judgment of conviction has been improperly computed

may file a petition to obtain relief from the judgment of conviction or sentence or

to challenge the computation of time that the person has served. A person must not be required to pay a filing fee to file such a petition. 2. Such a petition: (a) Is not a substitute for and does not affect any remedies which are incident to

the proceedings in the trial court or the remedy of direct review of the sentence

or conviction. (b) Comprehends and takes the place of all other common-law, statutory or other remedies

which have been available for challenging the validity of the judgment of conviction

or sentence, and must be used exclusively in place of them. (c) Is the only remedy available to an incarcerated person to challenge the computation

of time that the person has served pursuant to a judgment of conviction, after all

available administrative remedies have been exhausted. 3. For the purposes of this section, a motion to withdraw a plea of guilty, guilty

but mentally ill or nolo contendere pursuant to NRS 176.165 that is made after sentence is imposed or imposition of sentence is suspended is

a remedy which is incident to the proceedings in the trial court if: (a) The person has not filed a prior motion to withdraw the plea and has not filed

a prior petition; (b) The motion is filed within 1 year after the date on which the person was convicted,

unless the person pleads specific facts demonstrating that some impediment external

to the defense precluded bringing the motion earlier; (c) At the time the person files the motion to withdraw the plea, the person is not

incarcerated for the charge for which the person entered the plea; and (d) The motion is not barred by the doctrine of laches. A motion filed more than 5 years after the date on which the person was convicted

creates a rebuttable presumption of prejudice to the State on the basis of laches. 4. The court shall not appoint counsel to represent a person for the purpose of subsection

3.