BRETT DAGAN JONES v. THE STATE OF NEVADA (2026)

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying a motion for hearing on petition for actual innocence. Eighth Judicial District Court, Clark County; Nadia Krall, Judge.

This court's review of the notice of appeal and documents before this court reveals a jurisdictional defect. In particular, an order denying a hearing on a petition to establish factual innocence, which appears to be what appellant was seeking below, is appealable under NRS 34.970(9) only when entered pursuant to that section. Under NRS 34.970, a district court may determine whether to order a hearing only after ordering a response and reviewing the parties’ arguments. NRS 34.390(1), (3). Here, the district court did not order a response under NRS 34.970; instead, the court appears to have denied a hearing after reviewing the matter under NRS 34.960. Accordingly, the order is not appealable under NRS 34.970(9). See Sanchez v. State, 140 Nev., Adv. Op. 78, 561 P.3d 35, 39 (2024). Moreover, no other statute or court rule allows for an appeal from an order denying motion for a hearing. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (absent authority for an appeal, no right to appeal exists). Accordingly, we

ORDER this appeal DISMISSED.

Stiglich, J.

Cadish, J.

Lee, J.