Nevada Code § 34.500

Grounds for discharge in certain cases
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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 petitioners constitutional rights with respect
to the petitioners conviction or sentence in a criminal case.

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