Gaines (Joseph) Vs. State

470 P.3d 213

• Court: Nevada Supreme Court
• Decided: August 28, 2020
• Docket: 81613
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOSEPH KIESHAWN GAINES, No. 81613 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED AU6 2 8 2020 EUZABE111 A. BROWN CLERK OF SUPREME COURr BY S el-4C-LERK DEPUlY

ORDER DISMISSING APPEAL

This is a pro se appeal frorn a district court order denying a postconviction petition and supplemental petition for a writ of habeas corpus. Ninth Judicial District Court, Douglas County; Nathan Tod Young, Judge. This coures review of this appeal reveals jurisdictional defects. First, the notice of appeal was untimely filed. The district court entered its order denying appellant's petition on August 20, 2018. The district court served notice of entry of that order on appellant on August 21, 2018. Appellant did not file the notice of appeal, however, until July 30, 2020, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Second,

SOMME Coma OF NEvAaA

(0) 1947A 446#1. appellant has previously appealed this order in Docket No. 76968. A second duplicate appeal may not be pursued. Accordingly, this court ORDERS this appeal DISMISSED.

J.

J. LIZ:14AlAD J. Stiglich Silver

cc: Hon. Nathan Tod Young, District Judge Joseph Kieshawn Gaines Attorney General/Carson City Douglas County District Attorney/Minden Douglas County Clerk

SUPREME COURT OF NEVADA

(0) I947A atagra 2