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BRIAN KERRY O'KEEFE, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MICHAEL VILLANI, DISTRICT JUDGE, Respondents, THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING CERTIORARI PETITION
This is an original pro se petition for a writ of certiorari challenging the validity of petitioner's judgment of conviction.
Petitioner was convicted in 2012 after a five-day jury trial of second-degree murder with the use of a deadly weapon and sentenced to serve consecutive prison terms totaling 18-45 years in the aggregate. In this original petition, petitioner claims that the district court lacked jurisdiction over his case and erred by denying his motion for a stay of the trial.
Having considered the petition and the single document submitted by petitioner, we are not convinced that our extraordinary and discretionary intervention is warranted at this time. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing that such relief is warranted); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). As petitioner has failed to demonstrate that our intervention by extraordinary writ is warranted, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b). Accordingly, we
ORDER the petition DENIED.
Cadish, C.J.
Stiglich, J.
Herndon, J.
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Docket No: No. 89604
Decided: December 03, 2024
Court: Supreme Court of Nevada.
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