LAW.coLAW.co

ANDRE GILLIAM v. THE STATE OF NEVADA (2024)

Supreme Court of Nevada.2024-08-30No. No. 89209

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

ORDER DISMISSING APPEAL

This is a pro se appeal of a district court order regarding a petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.

This courts review of this appeal reveals a jurisdictional defect. Specifically, the order challenged on appeal does not finally resolve appellants habeas petition on the merits, but rather transfers his petition to Department 24 of the Eighth Judicial District Court to be resolved there. See generally State v. Lewis, 124 Nev. 132, 136, 178 P.3d 146, 148 (2008) (explaining that, generally, a judgment must be final before vesting jurisdiction in this court); NRAP 4(b)(5)(B) (providing for entry of a judgment finally resolving postconviction matters); NRS 177.015(3) (“The defendant only may appeal from a final judgment ․ in a criminal case.”). This matter appears to remain pending before Department 24 without a final appealable decision having been reached. Accordingly, this court lacks jurisdiction and

ORDER this appeal DISMISSED.

Herndon, J.

Lee, J.

Bell, J.