Nevada Appeals: Understanding the Rules, Statutes, and Procedures

Appealing a criminal conviction or sentence in Nevada involves a deep understanding of both procedural and substantive rules that govern the appellate process. The Nevada Rules of Appellate Procedure (NRAP) outline how appeals must be conducted, while the Nevada Revised Statutes (NRS) provide the legal framework applied during the appeal. Familiarity with both is critical for a successful appeal.

At Hofland & Tomsheck, Josh Tomsheck and Jason Carr bring decades of experience to the appellate process. They are well-versed in the NRAP and NRS, ensuring that every appeal is handled with precision and thoroughness. This guide will take you through key aspects of Nevada’s appellate process, including the relevant rules and statutes you should know.

1. Filing an Appeal: NRAP 3 & NRS 177

The first step in the appeals process is filing a Notice of Appeal. According to NRAP 3, this must be done within 30 days of the judgment or order being appealed. Missing this deadline can result in the loss of the right to appeal.

Under NRS 177.015, defendants have the right to appeal final judgments of conviction or orders denying a new trial. This statute also details the circumstances in which the State of Nevada can appeal, such as when a motion to suppress evidence is granted or an indictment is dismissed.

2. Appellate Jurisdiction: NRAP 4 & NRS 177.045

NRAP 4 mandates that an appellate court only gains jurisdiction over a case if a timely and properly filed Notice of Appeal is submitted. If an appeal is not filed within the 30-day period, the appellate court generally will not hear the case.

Under NRS 177.045, final judgments are appealed to either the Nevada Supreme Court or the Nevada Court of Appeals, depending on the complexity and nature of the case. This statute also clarifies what constitutes a final judgment, such as the imposition of a sentence or denial of post-conviction relief.

3. Standards of Review: NRAP 28 & NRS 177.025

The standard of review is critical in any appeal, as it determines how the appellate court will evaluate the issues. NRAP 28 requires that every appellate brief clearly states the standard of review for each issue being contested.

The applicable standard of review depends on the nature of the issue:

• Questions of law: Reviewed de novo, meaning the appellate court reviews the issue without deference to the lower court.
• Factual findings: Reviewed for clear error, meaning the appellate court defers to the trial court unless there is a blatant mistake.
• Discretionary decisions: Reviewed for abuse of discretion, assessing whether the trial court’s decision was unreasonable.

NRS 177.025 allows defendants to appeal both legal and factual issues, though factual findings generally receive greater deference.

4. Appellate Briefs: NRAP 28-32

The appellate brief is a pivotal part of the appeal. According to NRAP 28, the brief must include:

• A statement of facts
• The legal issues being appealed
• The applicable standard of review
• Legal arguments supported by citations to relevant statutes, case law, and constitutional provisions

The State, as the respondent in criminal appeals, will file an answering brief, and the appellant may submit a reply brief to address the State’s arguments. Strict formatting and content requirements apply to all briefs under NRAP 28-32.

At Hofland & Tomsheck, Josh Tomsheck and Jason Carr have successfully drafted and argued countless appellate briefs, ensuring that their clients’ legal arguments are compelling and clearly presented.

5. Oral Arguments: NRAP 34

In some cases, the appellate court may schedule oral arguments, where attorneys present their cases directly before a panel of judges. NRAP 34 governs oral arguments and sets the procedure for requesting them.

Oral arguments provide an opportunity to clarify key issues, respond to judges’ questions, and emphasize critical aspects of the case. While not required in every case, oral arguments can be an essential element of a successful appeal.

Josh Tomsheck and Jason Carr have extensive experience presenting oral arguments before the Nevada Supreme Court, the Nevada Court of Appeals, and the Ninth Circuit Court of Appeals, ensuring the best representation for their clients.

6. Post-Conviction Appeals: NRS 34 & NRAP 22

Nevada law also allows for post-conviction relief through writs of habeas corpus or other extraordinary writs, governed by NRS 34 and NRAP 22. These writs allow defendants to challenge their convictions or sentences based on constitutional violations, newly discovered evidence, or ineffective assistance of counsel.

Post-conviction habeas petitions often serve as the last legal option for defendants who believe they have been wrongfully convicted or sentenced. At Hofland & Tomsheck, our team thoroughly analyzes each case to determine the best post-conviction strategy.

7. Appeal Outcomes: NRAP 36 & NRS 177

Once the appellate court reviews the briefs and hears oral arguments, it will issue a decision under NRAP 36. The court may:

• Affirm the trial court’s decision
• Reverse the decision
• Remand the case for further proceedings, such as a new trial or resentencing

NRS 177.305 outlines the possible outcomes of an appeal, which include affirming, reversing, or modifying the conviction or sentence. If the appellate court finds an error that affected the outcome of the case, it can remand the case to the trial court for further proceedings.

8. Direct vs. Interlocutory Appeals: NRAP 3A & NRS 177.015

Nevada law recognizes two main types of appeals:

• Direct Appeals: These challenge final judgments, such as convictions or sentences, under NRS 177.015. Defendants are entitled to appeal final judgments to the Nevada Court of Appeals or the Nevada Supreme Court.
• Interlocutory Appeals: Filed before a final judgment is issued, as allowed by NRAP 3A. These appeals are only available in limited circumstances, such as rulings on motions to suppress evidence that could significantly affect the outcome of the case.

Whether handling direct or interlocutory appeals, Josh Tomsheck and Jason Carr protect their clients’ rights at every stage of the appellate process.

Why Experience Matters in Nevada Appeals

Appealing a criminal conviction or sentence requires not only legal knowledge but also skillful navigation of Nevada’s procedural rules. Josh Tomsheck and Jason Carr at Hofland & Tomsheck have decades of combined experience handling complex appeals, including cases before the Nevada Supreme Court, Nevada Court of Appeals, and the Ninth Circuit Court of Appeals.

Our team is dedicated to identifying errors, filing timely appeals, and presenting persuasive arguments to the appellate courts. Whether you aim to overturn a conviction, challenge a sentence, or correct a legal error, Hofland & Tomsheck is prepared to guide you through the process.

If you believe there were legal errors in your case or you have been wrongfully convicted or sentenced, contact Hofland & Tomsheck today for a consultation.