JAYSHAWN BAILEY v. THE STATE OF NEVADA (2026)

ORDER DISMISSING APPEAL

This is a pro se appeal from district court minutes denying a second petition to establish factual innocence. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

This court's review of this appeal reveals a jurisdictional defect. Appellant appears to be appealing from the oral denial of his petition to establish factual innocence for failure to meet NRS 34.960 requirements, as reflected in the April 22, 2026, district court minutes. No statute or court rule permits an appeal from district court minutes. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (explaining that this court has jurisdiction only when a statute or court rule provides for appeal). Further, even if the court had entered a written order, an order denying a factual innocence petition under NRS 34.960 is not appealable. See Sanchez v. State, 140 Nev., Adv. Op. 78, 561 P.3d 35, 41 (2024) (“[N]o court rule or statute authorizes an appeal from an order dismissing an innocence petition without prejudice under NRS 34.960.”). This court lacks jurisdiction and

ORDERS this appeal DISMISSED.

Stiglich, J.

Cadish, J.

Lee, J.