Greene (Delbert) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

DELBERT MARSHALL GREENE, No. 77117 Appellant, vs. THE STATE OF NEVADA, Respondent.

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a pretrial petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge. This court's 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. 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 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 (1990).

SUPREME COURT OF NEVADA

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

Cherry

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cc: Hon. Jerry A. Wiese, District Judge Delbert Marshall Greene Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Cesar V. Almase

'Given this order, we take no action on the pro se motion for stay filed on October 10, 2018. SUPREME COURT OF NEVADA

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