CLARENCE EUGENE WILSON v. THE STATE OF NEVADA (2025)

ORDER DISMISSING APPEAL

This is an appeal from a district court order determining that appellant is not intellectually disabled for purposes of NRS 174.098. Eighth Judicial District Court. Clark County: Jacqueline M. Bluth, Judge.

Orders determining whether a defendant is intellectually disabled under NRS 174.098 are subject to discretionary interlocutory appeal. NRS 177.015(1)(c). “If the appellate court of competent jurisdiction entertains the appeal, it shall enter an order staying the criminal proceedings against the defendant for such time as may be required.” Id. To date, no motion for stay has been filed in this court, and no stay has been entered.

Neither appellant's notice of appeal nor any subsequent filing alerts this court of the trial date and therefore the date by which any stay might be needed. However, it appears from the district court docket entries and minutes that trial was scheduled to begin on August 25, 2025, and that trial was not stayed or continued by the district court. Because trial thus apparently went forward with the State's notice of intent to seek the death penalty in effect, we decline to entertain this appeal. Appellant may challenge the district court's determination in any appeal from any judgment of conviction. Accordingly, we

ORDER this appeal DISMISSED.¹

Parraguirre, J.

Bell, J.

Stiglich, J.

FOOTNOTES

1.   Appellant's motion for leave to file a volume of the appendix under seal, which asserts that the volume contains confidential medical information and was sealed below, is granted. See Howard v. State, 128 Nev. 736, 745-46, 291 P.3d 137, 143 (2012): SRCR 3(4)(f) & 7. The clerk shall file, under seal, appellant's Volume 1 appendix and the index provisionally received in this court on August 22, 2025.