Mitchell (Chad) v. Carson City Sheriff'S Office

• Court: Nevada Supreme Court
• Decided: November 10, 2022
• Docket: 85489
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CHAD WINDHAM MITCHELL, No. 85489 Appellant, vs. CARSON CITY SHERIFF'S OFFICE, Respondent. FILE NOV 10 2022

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from a district court "order denying pretrial petition for a writ of habeas corpus." This court's review

of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order denying a presentence petition for a writ of habeas corpus.' See NRS 34.724(1) (stating that a person convicted of a crime and under sentence of death or imprisonment may file a postconviction petition for a writ of habeas corpus); see also State v. Lewis, 124 Nev. 132, 178 P.3d 146 (2008) (stating that an order entered before judgment of conviction is intermediate and not generally a final, appealable determination), overruled on other grounds by State v. Harris, 131 Nev. 551, 355 P.3d 791 (2015). The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. See Castillo v. State, 106

"It appears that appellant has not yet been sentenced in district court case number 21-CR002221B. SUPREME COURT OF NEVADA

(0) 1947A 434141D Nev. 349, 352, 792 P.2d 1133,1135 (1990). Accordingly, this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.2

, J. Hardesty

Ale.abat..0 J. J. Stiglich Herndon

cc: Hon. James E. Wilson, District Judge Chad Windham Mitchell Attorney General/Carson City Carson City District Attorney Carson City Clerk

2 Giventhis order, this court takes no action on the pro se motions filed on October 26, 2022, and November 7, 2022. SUPREME COURT OF NEVADA 2 1.0) 1947A 434,5