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Dillard v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 71710 (Nev. App. Mar. 14, 2018)

Opinion

No. 71710

03-14-2018

EDRICK DILLARD, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

Edrick Dillard appeals from a district court order denying the postconviction petition for a writ of habeas corpus he filed on January 19, 2016, and the supplemental brief he filed in support of that petition on June 17, 2016. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

Our review of the documents submitted in this appeal reveal the district court's findings of fact, conclusions of law, and order does not address all of Dillard's claims. It does not address his claims defense counsel was ineffective for failing to (1) request a mistrial and/or raise on appeal the introduction of previous criminal behavior and incarcerations, (2) object and/or raise on appeal Detective Hoier's excited summary of the case, (3) request an independent psychological examination of Ms. Ann Davis, and (4) request a Honeycutt instruction. And it does not address counsel's endorsement of his pro per documents and his claim of cumulative error.

Because the district court order does not resolve all of Dillard's claims, it is not a final order and we lack jurisdiction to consider his appeal. See NRS 34.575(1); Sandstrom v. Second Judicial Dist. Court, 121 Nev. 657, 659, 119 P.3d 1250, 1252 (2005) (explaining a final order disposes of all issues and leaves nothing for future consideration). Accordingly, we

ORDER this appeal DISMISSED.

This order constitutes our final disposition of this appeal. Any subsequent appeal shall be docketed as a new matter. --------

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. William D. Kephart, District Judge

Christopher R. Oram

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Dillard v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 71710 (Nev. App. Mar. 14, 2018)
Case details for

Dillard v. State

Case Details

Full title:EDRICK DILLARD, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 14, 2018

Citations

No. 71710 (Nev. App. Mar. 14, 2018)