Abdullah v. State
Annotate this CaseAppellant pleaded guilty to attempted robbery, and the district court entered a judgment of conviction. Appellant subsequently filed a post-conviction petition for a writ of habeas corpus. The district court granted the petition in part, finding that Appellant had been deprived of his right to a direct appeal due to ineffective assistance of counsel. The district court clerk filed a notice of entry of the decision and order and, on the same day, prepared and filed a notice of appeal on Appellant's behalf. At issue on appeal was whether the district court clerk had the authority to file the notice of appeal on Appellant's behalf. The Supreme Court held that the clerk did not have the authority in this case, as the notice of appeal did not specify the judgment of conviction, and the court clerk may not prepare and file a notice of appeal from the denial of a post-conviction petition for a writ of habeas corpus. The Supreme Court dismissed the appeal with instructions to the court clerk to prepare and file a notice of appeal on Appellant's behalf from the judgment of conviction, as directed by the district court pursuant to Nev. R. App. P. 4(c).
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