Opinion
No. 67588
03-31-2015
HANS SEIBT, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This appeal was initiated by the filing of a pro se appeal from a district court decision to deny a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
Our preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court's decision to deny the petition filed by appellant is not a final, appealable determination. See NRS 177.015(3) ("The defendant only may appeal from a final judgment . . . in a criminal case."). The minute entry for March 2, 2015, indicates that while the district court orally denied appellant's pro se petition, the claims raised in the supplemental petition filed by counsel have not yet been fully resolved. See Franklin v. State, 85 Nev. 401, 455 P.2d 919 (1969) (holding that this court is reluctant to engage in piecemeal review of criminal proceedings, except in narrowly defined circumstances, because of the disruptive effect on the orderly processing of the case), superseded by statute on other grounds as stated in State v. Loyle, 101 Nev. 65, 692 P.2d 516 (1985). Under these circumstances, we lack jurisdiction over this appeal, and we
ORDER this appeal DISMISSED.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Kathleen E. Delaney, District Judge
Hans Seibt
Matthew D. Lay
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk