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Jones v. State

Court of Appeals of Nevada
Aug 1, 2024
No. 87398-COA (Nev. App. Aug. 1, 2024)

Opinion

87398-COA

08-01-2024

JOSEPH WAYNE JONES, Appellant, v. THE STATE OF NEVADA; DWIGHT NEVEN IN HIS OFFICIAL CAPACITY AS THE WARDEN OF HIGH DESERT STATE PRISON; AND JAMES GREG COX IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE NEVADA DEPARTMENT OF CORRECTIONS, Respondents.


UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

GIBBONS, C.J.

Joseph Wayne Jones appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on December 29, 2022. Eighth Judicial District Court, Clark County; Christy L. Craig, Judge.

The district court's order incorrectly states that Jones' petition was filed on August 29, 2022.

Our review of this appeal reveals a jurisdictional defect. The December 18, 2023, order purportedly denying Jones' petition did not resolve all of the claims raised below. Specifically, the order did not address Jones' claim that he was entitled to additional presentence credit. The order was thus not a final order. See Sandstrom v. Second Jud. Dist. Ct., 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 34.575(1); NRS 177.015(3), and we

ORDER this appeal DISMISSED.

Jones has requested the appointment of counsel on appeal and permission to file an affidavit with new information. In light of this court's disposition, we conclude that neither the appointment of counsel nor the filing of an affidavit is warranted.

Bulla, J., Westbrook, J.

Hon. Christy L. Craig, District Judge


Summaries of

Jones v. State

Court of Appeals of Nevada
Aug 1, 2024
No. 87398-COA (Nev. App. Aug. 1, 2024)
Case details for

Jones v. State

Case Details

Full title:JOSEPH WAYNE JONES, Appellant, v. THE STATE OF NEVADA; DWIGHT NEVEN IN HIS…

Court:Court of Appeals of Nevada

Date published: Aug 1, 2024

Citations

No. 87398-COA (Nev. App. Aug. 1, 2024)