FRANK PECK v. THE STATE OF NEVADA (2026)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a “petition for habeas corpus.” Second Judicial District Court, Washoe County; Kathleen A. Sigurdson, Judge.

This court's review of this appeal reveals a jurisdictional defect. Although the appealed district court order denies what is labelled petition for writ of habeas corpus, the district court explained that appellant was claiming factual innocence and reviewed the matter under NRS 34.910-.960. The court concluded that appellant failed to allege any newly discovered evidence under those statutes and denied the petition. No statute or court rule permits an appeal from the aforementioned district court decision. 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.”); 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). This court lacks jurisdiction and

ORDERS this appeal DISMISSED.

Pickering, J.

Parraguirre, J.

Bell, J.