KEISHEILA KIMBERLY COTE v. THE STATE OF NEVADA (2024)

ORDER DISMISSING APPEAL

This is an appeal from a district court order dismissing a pretrial petition for writ of habeas corpus. Third Judicial District Court, Lyon County; John Schlegelmilch, Judge.

After review of the documents before this court revealed a potential jurisdictional defect, this court ordered appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. Specifically, no appeal lies from a district court order denying a pretrial petition for a writ of habeas corpus. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). NRS 34.575(1) allows an applicant to appeal from a district court order denying a petition for a writ of habeas corpus “after conviction or while no criminal action is pending against the applicant.”

Appellant argues, among other things, that NRS 34.575 is unconstitutional and “deprives a defendant of an opportunity to have an appellate review of a denial of a pretrial petition for writ of habeas corpus.” NRS 34.575(1) is not applicable to appellant because a criminal action is pending against her, however, an intermediate order denying a pretrial habeas petition may be challenged in a timely appeal from a judgment of conviction. NRS 177.045. This court lacks jurisdiction and we

ORDER this appeal DISMISSED.

Stiglich, J.

Pickering, J.

Parraguirre, J.