Crump (Thomas) v. State (Death Penalty-Pc)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THOMAS WAYNE CRUMP, No. 76051 Appellant, vs. THE STATE OF NEVADA, Respondent.

OCT 18 2018 ELI H OLE OP RE BY • UPA- 723RT 4.-0 DEPUTY C11:111(

ORDER DISMISSING APPEAL This is an appeal from a district court order dismissing a postconviction petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge. On July 11, 2018, we entered an order instructing that appellant's personal representative, if any, should file a motion for substitution in this court pursuant to NRAP 43 by September 19, 2018, if he or she wished to proceed with this appeal. See NRAP 43(a); Brass u. State, 129 Nev. 527, 306 P.3d 393 (2013); see also Walker v. Burkham, 68 Nev. 250, 253-54, 229 P.2d 15, 160 (1951) ("Upon the death of a party . . the [action] cannot proceed until someone is substituted for the decedent . . ."). We cautioned that if no personal representative was substituted within that time, this appeal would be dismissed. See Brass, 129 Nev. At 530, 306

SUPREME COURT OF NEVADA 07-4HA , (t) 1947A P.3d at 395. To date, no personal representative has filed a motion for substitution or otherwise communicated with this court. Accordingly, we ORDER this appeal DISMISSED

Douglas

, , J. Cherry Gibbons

Pickering Pod. Hardesty ca24-3c

J. Stiglich

cc: Hon. Kathleen E. Delaney, District Judge Federal Public Defender/Las Vegas Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

((1) 1947A e 2