BRIAN KERRY KEEFE v. THE STATE OF NEVADA (2025)

ORDER DENYING PETITION

This is a pro se original petition for writ relief challenging the district court's jurisdiction to enter a judgment of conviction. Petitioner Brian Kerry O'Keefe styles the petition as seeking a “writ of error.” Given that the petition challenges a judgment of conviction, we treat it as a postconviction petition for a writ of habeas corpus.

A postconviction petition for a writ of habeas corpus must comply with the procedural requirements set forth in NRS Chapter 34, including being filed in the district court in the first instance.¹ See NRS 34.738(1). In filing the petition with this court, O'Keefe has failed to comply with the provisions governing a postconviction challenge to a judgment of conviction. “[T]his court will not exercise its original jurisdiction to consider a writ petition in a criminal case raising claims that could or should have been raised in an appeal or in an appropriate post-conviction proceeding in the district court.” Hosier v. State, 121 Nev. 409, 411, 117 P.3d 212, 213 (2005).

Accordingly, we

ORDER the petition DENIED.

Herndon, C.J.

Bell, J.

Stiglich, J.

FOOTNOTES

1.   We express no opinion whether O'Keefe can satisfy the procedural requirements for a postconviction habeas petition considering that remittitur issued on direct appeal on July 23, 2013. O'Keefe v. State, No. 61631, 2013 WL 1501038 (Nev. Apr. 10, 2013) (Order of Affirmance).