Followill (Nicole) v. State

Nevada Supreme Court

Followill (Nicole) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NICOLE CHRISTINE FOLLO WILL, No. 76697 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED SEP 1 7 2018 ELIZABETH A. CROWN CLERK SUPREME COURT BY 5.•/ c-5-4 DEPUTY K rY Cl

ORDER DISMISSING APPEAL

This is a "Notice of Appeal to the Supreme Court of Nevada for Appeal of Post Conviction Writ of Habeas Corpus." Ninth Judicial District Court, Douglas County; Thomas W. Gregory, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the notice of appeal was untimely filed.' NRS 34.575(1); NRAP 4(b); NRAP 26(a); NRAP 26(c). The district court entered its order dismissing appellant's petition on February 14, 2017:The district court served notice of entry of that order on appellant on February 14, 2017. Appellant did not file the notice of appeal, however, until August 14, 2018, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994).

lAppellant has already appealed this decision, and the Court of Appeals affirmed the order of the district court. See Followill v. State, Docket No. 72731 (Order of Affirmance, June 13, 2018). A second duplicate appeal may not be pursued. SUPREME COURT OF NEVADA

(0) I947A Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

"kaisCi..0 Parraguirre Stiglich

cc: Hon. Thomas W. Gregory, District Judge Nicole Christine Followill Attorney General/Carson City Douglas County District Attorney/Minden Douglas County Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A

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Reference

Status
Unpublished