David Roy Abbott v. State

Summary

The Nevada Supreme Court dismissed two pro se appeals from orders dismissing David Roy Abbott’s postconviction habeas corpus petitions. The court held that the notices of appeal were untimely because the prison mail logs did not show timely delivery to a prison official under NRAP 4(d), leaving the court without jurisdiction.

Holdings

1. An inmate cannot receive the benefit of NRAP 4(d) where the institution maintains a notice-of-appeal log or comparable legal-mail system but the record does not show that the inmate used that system to timely deliver the notice of appeal.
2. An untimely notice of appeal does not vest jurisdiction in the Supreme Court of Nevada, requiring dismissal of the appeals.

Questions Presented

1. Whether the notices of appeal were timely under NRS 34.575 and NRAP 4(d) based on Abbott's alleged delivery of the notices to prison officials.
2. Whether the Supreme Court of Nevada had jurisdiction over the appeals.

Disposition

dismissed