WASH v. STATE (2018)

ORDER DISMISSING APPEAL

This is a pro se appeal from a purported district court order denying a pretrial petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, no order denying a pretrial petition for a writ of habeas corpus was entered.¹ Rather, the district court took the matter off calendar because appellant's “counsel did not file a writ.” Thus, there is no final appealable decision. NRS 177.015(3). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

FOOTNOTES

1.   No appeal lies from an order denying a pretrial petition for a writ of habeas corpus. Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980). The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990).