Opinion
88390
05-03-2024
BRIAN KERRY O'KEEFE, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; STEVEN GRIERSON, CLERK OF THE COURT; AND THE HONORABLE JENNIFER L. SCHWARTZ, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
UNPUBLISHED OPINION
ORDER DENYING PETITION
CADISH, C.J.
In this original pro se petition for a writ of mandamus or, in the alternative, certiorari, Brian Kerry O'Keefe seeks a writ directing the district court to refile and consider his petition for a writ of coram vobis, which he contends the district court erroneously construed as a writ of coram nobis and took off calendar. First, as the court of appeals already stated in O'Keefe v. State, No. 86804-COA, 2023 WL 9053151 (Nev. Ct. App. Dec. 28, 2023) (Order of Affirmance), "[c]oram vobis is a counterpart to coram nobis and became more widely known as coram nobis in the United States." Trujillo v. State, 129 Nev. 706, 710-11 & n.3, 310 P.3d 594, 597 & n.3 (2013). Thus, the district court properly treated O'Keefe's petition as a petition for a writ of coram nobis. Second, we have reviewed the petition and decline to exercise original jurisdiction in this matter. NRS 34.160; NRS 34.020; NRAP 21(b); Pan v. Eighth Jud. Dist. Ct, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) ("Petitioned ] carries the burden of demonstrating that extraordinary relief is warranted."). Accordingly, we
ORDER the petition DENIED.
Stiglich, J., Herndon, J.
Hon. Jennifer L. Schwartz, District Judge