Mones (Max) v. State

• Court: Nevada Supreme Court
• Decided: September 19, 2022
• Docket: 85113
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MikX MONES, No. 85113 Appellant, VS.

THE STATE OF NEVADA, r! ri ;11' ITIMS Res ondent. ScP 19 2C22 : ::T; 4 P.90“'N Clf_tc:4; (tr. C4:31::%7

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ORDER DISMISSING APPEAL

This is an appeal from an order denying a pretrial petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge. Because no appeal lies from an order denying a pretrial petition for a writ of habeas corpus, this court entered an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. See Kussrnan v. District Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980) (explaining that legislative amendments eliminated the right to appeal from an order denying a pretrial habeas petition). Appellant has responded and first argues that this court should overturn its precedents and conclude that an appeal on a pretrial petition for a writ of habeas corpus is a final appealable judgment. This court declines this

invitation. In the alternative, appellant asks this court to construe the appeal as an original petition for a writ of habeas corpus to this court directly. The request is denied. Appellant can seek this court's review SUPREME COURT OF NEVADA

( r), 1...17.1 01,2. -A9.314 through a mandamus proceeding. provided he meets the requirements for mandamus relief. See id. This court lacks jurisdiction over this appeal and therefore ORDERS this appeal DISMISSED.

G , J. Hardesty

Stiglich

J. Herndon

cc: Hon. Jacqueline M. Bluth, District Judge Isso & Associates Law Firm, PLLC Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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