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470 P.3d 213

Gaines (Joseph) Vs. State

Nevada Supreme Court

Decided August 28, 2020

Nevada Supreme Court · decided 2020-08-28

Applies NV 34 § 34.575

Relies on Lozada v. State

Decided 2020-08-28

                            IN THE SUPREME COURT OF THE STATE OF NEVADA


                    JOSEPH KIESHAWN GAINES,                                 No. 81613
                                      Appellant,
                                  vs.
                    THE STATE OF NEVADA,
                                      Respondent.

                                                                                FILED
                                                                                AU6 2 8 2020
                                                                             EUZABE111 A. BROWN
                                                                           CLERK OF SUPREME COURr
                                                                           BY   S
                                                                                     el-4C-LERK
                                                                                 DEPUlY




                                         ORDER DISMISSING APPEAL

                               This is a pro se appeal frorn a district court order denying a
                   postconviction petition and supplemental petition for a writ of habeas
                   corpus. Ninth Judicial District Court, Douglas County; Nathan Tod Young,
                   Judge.
                               This coures review of this appeal reveals jurisdictional defects.
                   First, the notice of appeal was untimely filed. The district court entered its
                   order denying appellant's petition on August 20, 2018. The district court
                   served notice of entry of that order on appellant on August 21, 2018.
                   Appellant did not file the notice of appeal, however, until July 30, 2020, 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). Second,


SOMME Coma
    OF
  NEvAaA

(0) 1947A 446#1.
                     appellant has previously appealed this order in Docket No. 76968. A second
                     duplicate appeal may not be pursued. Accordingly, this court
                                ORDERS this appeal DISMISSED.




                                                                       J.




                                               J.                LIZ:14AlAD             J.
                     Stiglich                                 Silver




                     cc:   Hon. Nathan Tod Young, District Judge
                           Joseph Kieshawn Gaines
                           Attorney General/Carson City
                           Douglas County District Attorney/Minden
                           Douglas County Clerk




SUPREME COURT
     OF
     NEVADA


(0) I947A   atagra                                       2

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