Opinion
88424
05-03-2024
KEISHEILA KIMBERLY COTE, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
This is an appeal from a district court order dismissing a pretrial petition for writ of habeas corpus. Third Judicial District Court, Lyon County; John Schlegelmilch, Judge.
After review of the documents before this court revealed a potential jurisdictional defect, this court ordered appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. Specifically, no appeal lies from a district court order denying a pretrial petition for a writ of habeas corpus. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). NRS 34.575(1) allows an applicant to appeal from a district court order denying a petition for a writ of habeas corpus "after conviction or while no criminal action is pending against the applicant."
Appellant argues, among other things, that NRS 34.575 is unconstitutional and "deprives a defendant of an opportunity to have an appellate review of a denial of a pretrial petition for writ of habeas corpus." NRS 34.575(1) is not applicable to appellant because a criminal action is pending against her, however, an intermediate order denying a pretrial habeas petition may be challenged in a timely appeal from a judgment of conviction. NRS 177.045. This court lacks jurisdiction and we ORDER this appeal DISMISSED.
Stiglich, J., Pickering, J., Parraguirre, J.
Hon. John Schlegelmilch, District Judge