Kinsey v. Sheriff

584 P.2d 158, 94 Nev. 596, 1978 Nev. LEXIS 626

• Court: Nevada Supreme Court
• Decided: September 15, 1978
• Docket: No. 10955
• Status: Published

Opinion

OPINION

Per Curiam:

This is an appeal from an order denying a pretrial habeas corpus challenge to a justice court’s order denying Florence Kinsey’s motion for the production of certain records.

There is no provision in the habeas corpus statutes (NRS 34.360-NRS 34.680) which permits a pretrial challenge to an order denying a motion for discovery. Neither is there a provision for interlocutory appellate review of such orders.¹ Therefore, the habeas petition was not cognizable in the district court. Accordingly, we vacate the district court’s order and remand this case with instructions to dismiss the petition for a writ of habeas corpus. Cf. Sheriff v. Toston, 93 Nev. 394, 566 P.2d 411 (1977).

1 Cf. Franklin v. District Court, 85 Nev. 401, 455 P.2d 919 (1969), where this court ruled that appellate review of such orders is postponed until entry of a final judgment of conviction.