Henderson (Joseph) v. State

• Court: Nevada Supreme Court
• Decided: April 7, 2022
• Docket: 84416
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOSEPH ALEXANDER HENDERSON, No. 84416 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED APR 0 7 2022

ORDER DISMISSING APPEAL

This appeal was initiated by the filing of a pro se notice of appeal. Eighth Judicial District Court, Clark County; Carli Lynn Kierny, Judge. Appellant filed a notice of appeal in district court case number 05C212968. However, this court's review of this appeal reveals jurisdictional defects. First, no recent appealable order was entered in district court case number 05C212968. Second, to the extent that appellant's appeal is in regard to the postconviction petition for a writ of habeas corpus filed in related district court case number A-21-840121-W, that district court case number was not designated in this notice of appeal. See NRAP 3(c)(1)(B) (requiring a notice of appeal to "designate the judgment, order or part thereof being appealed"). Lastly, no decision had been made on the petition when appellant filed his notice of appeal, and thus, appellant's notice of appeal from the habeas corpus petition 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.

/ Hardesty

Stiglich Herndon

cc: Hon. Carli Lynn Kierny, District Judge Joseph Alexander Henderson Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) I947A 424Pia,