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RICK SHAWN, Appellant, v. TERRY ROTH, WARDEN Respondent.
ORDER DISMISSING APPEAL
This is a pro se appeal from the purported denial of a motion to supplement and add claim of ineffective assistance of counsel to the first amended petition for writ of habeas corpus.
This court's review of this appeal reveals jurisdictional defects. Specifically, no decision had been made on the motion when appellant filed the notice of appeal on July 15, 2025. Thus, the notice of appeal is premature. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). Additionally, no statute or court rule allows for an appeal from an order denying a motion to supplement and add claims to a writ petition. See Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990) (the right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). We lack jurisdiction to consider this appeal and
ORDER this appeal DISMISSED.
Pickering, J.
Cadish, J.
Lee, J.
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Docket No: No. 90994
Decided: August 12, 2025
Court: Supreme Court of Nevada.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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