Clarke (Anthony) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANTHONY CLARKE, No. 74776 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED MAR 0 7 2018

ORDER DISMISSING APPEAL

This is a pro se appeal from an order of the district court denying appellant's pretrial petition for a writ of habeas corpus. Second Judicial District Court, Washoe County; Jerome M. Polaha, Judge. Our review of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order denying a pretrial petition for a writ of habeas corpus. See Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980) (order denying a pretrial habeas relief is an intermediate order that may be challenged in a timely appeal from the judgment of conviction); see also NRS 34.575(2); Sheriff v. Gillock, 112 Nev. 213, 912 P.2d 274 (1996) (the State may appeal from a district court order granting in part and denying in part a pretrial petition for a writ of habeas corpus). The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135

SUPREME COURT OF NEVADA

I0) 1947A .0

(1990). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.'

Pieilett cup' , J.

CC: Hon. Jerome M. Polaha, District Judge Anthony Clarke Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

'Given this order, we take no action on the pro se documents filed on January 18, and 23, 2018. SUPREME COURT OF NEVADA

2 (0) 1947A 40).