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Martin v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 12, 2018
No. 77419 (Nev. Dec. 12, 2018)

Opinion

No. 77419

12-12-2018

WESLIE HOSEA MARTIN, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a pretrial petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

This court's 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. See Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980) (order denying pretrial habeas relief is an intermediate order that may be challenged in a timely appeal from the judgment of conviction); see also Sheriff v. Gillock, 112 Nev. 213, 912 P.2d 274 (1996) (only the state may appeal from a district court order granting in part and denying in part a pretrial petition for a writ of habeas corpus). 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. Michael Villani, District Judge

Weslie Hosea Martin

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

Clark County Public Defender


Summaries of

Martin v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 12, 2018
No. 77419 (Nev. Dec. 12, 2018)
Case details for

Martin v. State

Case Details

Full title:WESLIE HOSEA MARTIN, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Dec 12, 2018

Citations

No. 77419 (Nev. Dec. 12, 2018)