Hugo Sanchez v. State of Nevada, 140 Nev. Adv. Op. 78 (Dec. 19, 2024)

A factual innocence petition is dismissed without prejudice if it fails to meet the pleading requirements. A factual innocence petition that is dismissed without prejudice is not appealable because it fails to meet the pleading requirements. To meet its pleading requirements, the petition must contain a claim of factual innocence made by the petitioner and newly discovered evidence that establishes an issue of factual innocence. This evidence must be new, establish an issue of factual innocence when viewed with other evidence in the case, and cannot solely be based on a recantation of testimony by a witness.