Opinion
82184-COA
08-09-2021
VIRGIL WALKER WOODS, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
Gibbons, C.J.
Virgil Walker Woods, Jr., appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on April 3, 2018, a "first amended pro per" petition filed on June 21, 2018, and a supplemental petition filed on February 26, 2020. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
Our review of this appeal reveals a jurisdictional defect. The November 23, 2020, order purportedly denying Woods' petitions did not resolve all of the claims raised below. Specifically, the order did not address the claims raised in Woods' "first amended pro per" petition, which were explicitly adopted and incorporated by reference in Woods' supplemental petition. The order was thus not a final order. See Sandstrom v. Second Judicial Dist. Court, 121 Nev. 657, 659, 119 P.3d 1250, 1252 (2005) ("[A] final order [is] one that disposes of all issues and leaves nothing for future consideration"). Accordingly, we lack jurisdiction to consider this appeal, see NRS 34, 575(1); NRS 177.015(3), and we
The final order should also include the disposition of Woods' claim regarding the jury instructions, which was addressed only in the minute order of the district court's October 12, 2020, hearing.
Tao, J., Bulla, J.
Hon. Michelle Leavitt, District Judge