Decastro (Duane) v. State
This text of Decastro (Duane) v. State (Decastro (Duane) v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
DUANE DECASTRO, No. 84256 Appellant, vs. FILED THE STATE OF NEVADA, Respondent. MAR 0 2022 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY ORDER DISMISSING APPEAL DEPU rY CLERK
This is a pro se appeal from a district court order denying a pretrial petition for a writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, 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. 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); 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). Accordingly, this court ORDERS this appeal DISMISSED.
, J. Silver
, J. Cadish SUPREME COURT OF NEVADA
101 1947A ADD 02?- OLoq39 cc: Hon. James Todd Russell, District Judge Duane Decastro Attorney General/Carson City Carson City District Attorney Carson City Clerk Justin K. Champagne
SUPREME COURT OF NEVADA
(0) 1447A 4241#0 9
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