Gardenhire (Michael) Vs. State
This text of Gardenhire (Michael) Vs. State (Gardenhire (Michael) Vs. 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
MICHAEL KEVIN GARDENHIRE, No. 80649 Appellant, vs. THE STATE OF NEVADA, n Respondent.
FL CLER.' URI BY 13EitS)-'," CLUIK ORDER DISMISSING APPEAL
This is a pro se appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Cristina D. Silva, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, it appears that no decision had been made on the petition when appellant filed the notice of appeal on February 19, 2020. Rather, on January 22, 2020, the district court appointed counsel for appellant and set an evidentiary hearing. Thus, the notice of appeal is premature. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). Accordingly, this court ORDERS this appeal DISMISSED.
Gibbon
, J. Stiglich Silver
SUPREME COURT OF NEVADA
(0) 1947A zo - 10 r30 11111Wi - cc: Hon. Cristina D. Silva, District Judge Michael Kevin Gardenhire Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Monique A. McNeill
(0) I947A ADD 2 'W=34 111121111111111 .j •°. • w
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Gardenhire (Michael) Vs. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardenhire-michael-vs-state-nev-2020.