AKINBAYODE v. STATE (2022)

Supreme Court of Nevada.

Folaji Oladime AKINBAYODE, Appellant, v. The STATE of Nevada, Respondent.

No. 85170

Decided: October 06, 2022

Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney

ORDER DISMISSING APPEAL

Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) revealed a potential jurisdictional defect. Specifically, the notice of appeal appeared to be untimely filed under NRAP 4(b)(1) because it appeared that it was filed more than 30 days after the judgment of conviction was filed. See NRAP 4(b)(1)(A). Accordingly, we directed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

Appellant has filed a response to this court's order to show cause wherein he concedes that the notice of appeal was filed “out of time.” “[A]n untimely notice of appeal fails to vest jurisdiction in this court.” Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, this court lacks jurisdiction and we

ORDER this appeal DISMISSED.¹

FOOTNOTES

1. The Honorable Mark Gibbons, Senior Justice, participated in this matter under a general order of assignment.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network