State v. Tallie (Toya)
This text of State v. Tallie (Toya) (State v. Tallie (Toya)) 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 COUR T OF THE STATE OF NEVA DA
THE STATE OF NEVADA , No. 72594 Appellant, vs. ANDRE LAMAR LONGMIR E, 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, 1, 7 E) Respondent. JUL 0 5 2017
ORDER DISMISSING APPEAL S These are state's appeals fro m district court orders affirm justice court decisions. ing Fifth Judicial District Co urt, Nye County; Kimberly A. Wanker, Judge.
Our preliminary review of these appeals revealed a po jurisdictional defect. Spec tential ifically, respondents' case s arose in the justice court; the justice court dismi ssed the charges, and the dis trict court denied appellant's motions for leave to file an information by aff idavit. Appellant has responded to our order to show caus proposes that the district co e and urt's denial of the motions should be construed as a final appealable judg ment pursuant to NRS 17 7.015(1)(b), as the functional equivalent of a dis missal. ■ UPREME COURT
NEVADA
.WEETEDTARASTE 11-2 2681 We disagree. The right to appeal is statuto ry; where no statute or court rule provides for an appeal, no righ t 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. Moreo ver, 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.
Hardesty
Parraguirre4#511r! 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
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