Before Justices Saitta, Gibbons and Hardesty. Opinion by Justice Hardesty.
In this appeal from a district court order deferring a final ruling on a change in venue motion based on adverse pretrial publicity until after jury selection began, the Court considered whether such deferral constituted a final, appealable decision pursuant to NRAP 3A(b)(6). The Court concluded that the deferral did not constitute a final, appealable decision and that the district court’s decision to wait to finally rule on the motion to change venue until after voir dire and attempting to empanel a jury complied with the weight of authority. The defendant retains its right to an immediate appeal pursuant to NRAP 3A(b)(6) after a final decision on the motion to change venue if the defendant believes a change of venue is still proper. Accordingly, the Court dismissed the appeal as premature. (Seth T. Floyd, Associate in the Las Vegas office of McDonald Carano Wilson).
