Kirkendall (Andy) v. State
This text of Kirkendall (Andy) v. State (Kirkendall (Andy) 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
ANDY LEE KIRKENDALL, No. 73902 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. DEC 0 1 2017 ELIZABETH A. DROWN CLERK OF UPREME COURT
ORDER DISMISSING APPEAL By 5 ' DEPUTY CLERK
This is an appeal from an order denying a pretrial petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge. Appellant has responded to our order to show cause regarding this court's lack of jurisdiction, and we conclude that we lack jurisdiction. Appellant may not appeal from an order denying a pretrial petition for a writ of habeas corpus. See 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); see also 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, we ORDER this appeal DISMISSED.
Hardesty
J. Par? aguirre SarbaujI Stiglich
SUPREME COURT OF NEVADA
MI 1947A 17- 404q(8 cc: Hon. Kerry Louise Earley, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
(0) 1947A ce 2
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