State v. Harris
Annotate this CaseAfter a jury trial, Defendant was found guilty of first-degree murder, child abuse and neglect with the use of a deadly weapon, and two counts of child abuse and neglect. Before sentencing, Defendant filed a timely motion for a new trial. The district court granted the motion. The State appealed from the order granting the motion for a new trial. The Supreme Court ordered the State to show cause why the appeal should not be dismissed for lack of jurisdiction because the Court held in State v. Lewis that Nev. Rev. Stat. 177.015(1)(b) only permits appeals from district court orders resolving post-conviction motions for a new trial. The Supreme Court held that it had jurisdiction to consider the State’s appeal from an order granting a prejudgment motion for a new trial, holding (1) the plain language of section 177.015(1)(b) clearly authorizes an appeal from a prejudgment order granting a motion for a new trial; and (2) Lewis is overruled to the extent that it prohibits the State from pursuing its statutory right to appeal a prejudgment order granting a motion for a new trial.
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