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Family seeks posthumous factual‑innocence statute; advocates file draft bill

January 13, 2026 | 2025 Legislature NV, Nevada


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Family seeks posthumous factual‑innocence statute; advocates file draft bill
During public comment, Tonia Brown requested the committee consider legislation — described as the "Nolan Klein Act" — to allow posthumous factual‑innocence petitions and create a legal pathway to review and, where appropriate, exonerate people who died while still fighting to prove their innocence.

Brown said the proposed bill would permit designated family members or legal representatives to file factual‑innocence petitions, require disclosure of material evidence, limit internal agency investigations where prosecutorial misconduct is alleged, and allow courts to revisit convictions if new evidence emerges after a decedent’s death. She told the committee she has submitted for the record a 12/08/2025 writ of mandamus and a 16‑page declaration from an attorney to support the request.

Anne Marie Grant (Advocates for the Inmates and the Innocent) said she submitted draft bill language titled the "No Incline Act" describing posthumous actual‑innocence petitions that mirror living procedures, request evidentiary hearings, and provide standing for immediate family or legal representatives. Grant summarized key provisions including eligibility, standing and a procedural mechanism tied to existing NRS provisions for newly discovered evidence.

Speakers asked the committee to review the submitted materials and consider recommending sponsorship or a bill draft request in a future session. The committee did not take immediate action during the meeting; staff acknowledged the materials had been received for the record.

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