Mathis (Eric) v. State

• Court: Nevada Supreme Court
• Decided: April 20, 2018
• Docket: 75514
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA •

ERIC JORELL MATHIS, No. 75514 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED APR 20 2018

ho•••• EPUTY CLEioX

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying appellant's pretrial petition for a writ of habeas corpus. Second Judicial District Court, NiVashoe County; Kathleen 1\4. Drakulich, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order denying a pretrial petition for a writ of habeas corpus. Gary u. 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 train a judgment of conviction); see also NRS 34.575(2); Sheriff u. Gillock, 112 Nev. 213, 912 P.2d 274 (1996) (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). The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to SUPREME COURT OF NEVADA

i t 11 3 iff appeal exists. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Pickering

Gibbons Hardesty

cc: Hon. Kathleen M. Drakulich, District Judge Eric Jore11 Mathis Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A e 2