BRIAN KERRY KEEFE v. THE STATE OF NEVADA (2024)

ORDER DENYING PETITION

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) (“Petitioner[ ] carries the burden of demonstrating that extraordinary relief is warranted.”). Accordingly, we

ORDER the petition DENIED.

Cadish, C.J.

Stiglich, J.

Herndon, J.