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Hayes v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 12, 2018
No. 77151 (Nev. Dec. 12, 2018)

Opinion

No. 77151

12-12-2018

JAMES HOWARD HAYES, JR., Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from an order of the district court denying appellant's pretrial petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

Our review of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order denying a pretrial petition for a writ of habeas corpus. Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980). The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

/s/_________, J.

Cherry /s/_________, J.
Parraguirre /s/_________, J.
Stiglich cc: Hon. William D. Kephart, District Judge

James Howard Hayes, Jr.

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Hayes v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 12, 2018
No. 77151 (Nev. Dec. 12, 2018)
Case details for

Hayes v. State

Case Details

Full title:JAMES HOWARD HAYES, JR., Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Dec 12, 2018

Citations

No. 77151 (Nev. Dec. 12, 2018)