Mones (Max) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA
MikX MONES, No. 85113
Appellant,
VS.
THE STATE OF NEVADA, r! ri
;11' ITIMS
Res ondent.
ScP 19 2C22
: ::T; 4 P.90“'N
Clf_tc:4; (tr. C4:31::%7
Yt
ORDER DISMISSING APPEAL
This is an appeal from an order denying a pretrial petition for
a writ of habeas corpus. Eighth Judicial District Court, Clark County;
Jacqueline M. Bluth, Judge.
Because no appeal lies from an order denying a pretrial petition
for a writ of habeas corpus, this court entered an order directing appellant
to show cause why this appeal should not be dismissed for lack of
jurisdiction. See Kussrnan v. District Court, 96 Nev. 544, 545-46, 612 P.2d
679, 680 (1980) (explaining that legislative amendments eliminated the
right to appeal from an order denying a pretrial habeas petition). Appellant
has responded and first argues that this court should overturn its
precedents and conclude that an appeal on a pretrial petition for a writ of
habeas corpus is a final appealable judgment. This court declines this
invitation. In the alternative, appellant asks this court to construe the
appeal as an original petition for a writ of habeas corpus to this court
directly. The request is denied. Appellant can seek this court's review
SUPREME COURT
OF
NEVADA
( r), 1...17.1
01,2. -A9.314
through a mandamus proceeding. provided he meets the requirements for
mandamus relief. See id. This court lacks jurisdiction over this appeal and
therefore
ORDERS this appeal DISMISSED.
G , J.
Hardesty
Stiglich
J.
Herndon
cc: Hon. Jacqueline M. Bluth, District Judge
Isso & Associates Law Firm, PLLC
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
k! 1,17.A
2