From Casetext: Smarter Legal Research

Diaz-Castro v. State

Court of Appeals of Nevada
Jul 27, 2022
No. 83799-COA (Nev. App. Jul. 27, 2022)

Opinion

83799-COA

07-27-2022

CHRISTOPHER JOHN DIAZ-CASTRO, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

GIBBONS, C.J.

Christopher John Diaz-Castro appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on September 14, 2020, and a "supplement to the post-conviction writ of habeas corpus and petition to establish factual innocence" filed on June 30, 2021. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.

Our review of this appeal reveals a jurisdictional defect. The October 20, 2021, order purportedly denying Diaz-Castro's petitions did not resolve all of the claims raised below. Specifically, the order did not address claims raised in Diaz-Castro's pro se postconviction petition for a writ of habeas corpus. The order was thus not a final order. See Sandstrom v. Second Judicial Dist. Court, 121 Nev. 657, 659, 119 P.3d 1250, 1252 (2005) ("[A] final order [is] one that disposes of all issues and leaves nothing for future consideration."). Accordingly, we lack jurisdiction to consider this appeal, see NRS 177.015(3); NRS 34.575(1), and we ORDER this appeal DISMISSED.

Tao, J., Bulla, J.

Hon. Ronald J. Israel, District Judge


Summaries of

Diaz-Castro v. State

Court of Appeals of Nevada
Jul 27, 2022
No. 83799-COA (Nev. App. Jul. 27, 2022)
Case details for

Diaz-Castro v. State

Case Details

Full title:CHRISTOPHER JOHN DIAZ-CASTRO, Appellant, v. THE STATE OF NEVADA…

Court:Court of Appeals of Nevada

Date published: Jul 27, 2022

Citations

No. 83799-COA (Nev. App. Jul. 27, 2022)