State v. Tallie (Stella)

• Court: Nevada Supreme Court
• Decided: July 5, 2017
• Docket: 72596
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEV ADA

THE STATE OF NEVADA, No 72594 Appellant, vs. ANDRE LAMAR LONGMIRE, JR., Respondent. THE STATE OF NEVADA, No. 72595 Appellant, vs. TOYA TINA TALLIE, Respondent. THE STATE OF NEVADA, No. 72596 Appellant, vs. STELLA MARIE TALLIE, Respondent. JUL 95 2011 CLEErintilA - 161171, ORDER DISMISSING APPEALS

These are state's appeals from district court orders affir ming justice court decisions. Fifth Judicial District Cou rt, Nye County; Kimberly A. Wanker, Judge. Our preliminary review of these appeals revealed a potential jurisdictional defect. Specifically, respondents' case s aros e in the justice court; the justice court dismissed the charges, and the district court denied appellant's motions for leave to file an information by affid avit. Appellant has responded to our order to show cau se and proposes that the district court's denial of the motions shou ld be construed as a final appealable judgment pursuant to NRS 177 .015(1)(b), as the functional equivalent of a dismissal. SUPREME COURT OF NEVADA

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4 We disagree. The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. See NRAP 3A(b); Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). No statute or court rule provides for an appeal from an order denying a motion to file an information by affidavit. Moreover, the district court has final appellate jurisdiction over cases arising in the justice court. Nev. Const. art. 6, § 6; Tripp v. City of Sparks, 92 Nev. 362, 363, 550 P.2d 419, 419 (1976); Waugh v. Casazza, 85 Nev. 520, 521, 458 P.2d 359, 360 (1969). We conclude that we lack jurisdiction, and we ORDER these appeals DISMISSED.

J. Hardesty

"CIII3t r Alt/pug ,J. Parraguirre Stiglich

cc: Hon. Kimberly A. Wanker, District Judge Attorney General/Carson City Nye County District Attorney Mountain West Lawyers Law Office of Lisa Chamlee, Ltd. David Ricket Harry R. Gensler Andre Lamar Longmire, Jr. Toya Tina Tallie Stella Marie Tallie Nye County Clerk SUPREME COURT OF NEVADA