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HENDERSON v. STATE (2022)

Supreme Court of Nevada.2022-04-07No. No. 84416

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Opinion

ORDER DISMISSING APPEAL

Appellant filed a notice of appeal in district court case number 05C212968. However, this courts review of this appeal reveals jurisdictional defects. First, no recent appealable order was entered in district court case number 05C212968. Second, to the extent that appellants appeal is in regard to the postconviction petition for a writ of habeas corpus filed in related district court case number A-21-840121-W, that district court case number was not designated in this notice of appeal. See NRAP 3(c)(1)(B) (requiring a notice of appeal to “designate the judgment, order or part thereof being appealed”). Lastly, no decision had been made on the petition when appellant filed his notice of appeal, and thus, appellants notice of appeal from the habeas corpus petition is premature. See NRS 177.015 (3) (stating that a defendant only may appeal from a final judgment or verdict). Accordingly, this court

ORDERS this appeal DISMISSED.