Nevada Order - Writ of Habeas Corpus
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Description. A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
?Habeas corpus? is a Latin phrase meaning ?you shall have the body.? A writ of habeas corpus is an Order from the court, requiring that a hearing be held to establish whether there is a constitutional basis for the confinement of a convicted person in Nevada.
In the United States, the petition for writ of habeas corpus has a long and rich history. Habeas corpus was inherited by the thirteen colonies from English common law. Today, it's still widely used to restore freedom to those who are imprisoned or in other forms of custody under state or federal institutions.
The Nevada Revised Statutes (NRS) are all the current codified laws of the State of Nevada. Nevada law consists of the Constitution of Nevada (the state constitution) and Nevada Revised Statutes. The Nevada Supreme Court interprets the law and constitution of Nevada.
In its simplest form a writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.
Post-conviction relief in Nevada are measures that convicted defendants can pursue to try to get their convictions reversed, sentences lifted, and/or rights restored. There may be strict time limits to attempt these measures, so defendants should consult with legal counsel right away about all their options.
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v.
Chapter 34 - Writs; Petition to Establish Factual Innocence. NRS 34.010 - Writ of certiorari denominated writ of review. NRS 34.020 - Writ may be granted by appellate and district courts; when writ may issue. NRS 34.030 - Application for writ made on affidavit; notice to adverse party may be required.
