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Case Information: 69036
Short Caption:O'KEEFE (BRIAN) VS. STATECourt:Supreme Court
Related Case(s):53859, 58109, 61631, 65217, 65436, 66416, 66956, 68560, 68623, 68739, 69121, 73527, 73527-COA, 74878, 74878-COA, 77541, 77541-COA, 78680, 78721, 83061, 83061-COA, 85141, 85149, 85190, 85492, 85610, 85610-COA, 85963, 86880
Lower Court Case(s):Clark Co. - Eighth Judicial District - C250630Classification:Criminal Appeal - Other - Post-Conviction/Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:02/24/2016How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/22/2015Filing FeeAppeal Filing fee waived. Criminal.
10/22/2015Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person Fast Track. Filed certified copy of proper person notice of appeal. (Fast track notice issued to trial counsel.)15-32211
10/22/2015Notice/OutgoingIssued Notice to Request Rough Draft Transcripts. Due date: 10 days.15-32214
10/23/2015Transcript RequestFiled Certificate of No Transcript Request.15-32384
11/02/2015Notice of Appeal DocumentsFiled Notice of Appeal/Fast Track. (Filed by counsel). (Second NOA).15-33244
11/02/2015TranscriptFiled Notice from Court Recorder. Michelle Ramsey stating that the requested transcripts were delivered. Dates of transcripts: 9/4/15 and 10/20/15.15-33365
11/09/2015MotionFiled Motion to Consolidate Cases 69036 & 69121.15-34130
11/19/2015Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person. (Amended) (Third NOA).15-35361
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 1-115-36438
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 2-115-36439
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 3-115-36440
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 4-115-36441
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 5-115-36442
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 6-115-36443
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 7-115-36444
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 8-115-36445
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 9-115-36446
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 10-115-36447
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 11-115-36448
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 12-115-36451
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 13-115-36452
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 14-115-36453
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 15-115-36454
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 16-115-36455
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 17-115-36456
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 18-115-36457
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 19-115-36458
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 20-115-36459
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 21-115-36461
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 22-115-36462
12/01/2015AppendixFiled Appendix to Fast Track Statement Appellant's Appendix Volume 23-115-36463
12/01/2015Order/ProceduralFiled Order. The clerk of this court shall return the pro se documents received on November 20, 2015, unfiled. It appears from the documents submitted that appellant may wish to dismiss his counsel and proceed on appeal without counsel. If so, appellant may file a motion requesting that relief within 15 days of the date of this order.15-36484
12/01/2015AppendixFiled Appellant's Appendix Volume 24-1.15-36569
12/01/2015AppendixFiled Appellant's Appendix Volume 25-1.15-36570
12/01/2015AppendixFiled Appellant's Appendix Volume 26-1.15-36571
12/01/2015MotionFiled Motion for Extension of Time in which to File Fast Track Statement.15-36572
12/03/2015Order/ProceduralFiled Order. Appellant has submitted a motion for leave to file an opening brief and appendix. Appellant is represented by counsel in this appeal and thus not permitted to file the submitted documents in pro se. Accordingly, the clerk of this court shall return the pro se documents received on December 1, 2015, unfiled.15-36837
12/09/2015Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the fast track statement and appendix received via E-Flex on December 4, 2015. Fast Track Response due: 20 days. fn1[On December 8, 2015, this court entered an order dismissing the appeal in Docket No. 69121. Accordingly, appellant's motion to consolidate is denied as moot.]15-37542
12/09/2015Fast Track BriefFiled Fast Track Statement.15-37544
12/09/2015AppendixFiled Appellant's Appendix - Vol. 29 (Pages 5576-5639).15-37546
12/17/2015AppendixFiled Appellant's Appendix Volume 27-1.15-38505
12/17/2015AppendixFiled Appellant's Appendix Volume 28-1.15-38506
12/28/2015Notice/IncomingFiled Certificate of Mailing - Fast Track Statement served on Appellant Brian O'Keefe.15-39702
12/29/2015Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due: January 6, 2016.15-39904
01/06/2016Fast Track BriefFiled Fast Track Response.16-00304
01/13/2016Order/ProceduralFiled Order Granting Motion To Dismiss Counsel, Directing Transmission of Record on Appeal, And Regarding Pro Se Motions. Appellant has submitted a motion to dismiss his counsel. The clerk of this court shall remove Matthew Carling as counsel of record for appellant. Opening Brief due: 30 days. Record on Appeal due: 30 days. The clerk of this court shall file the pro se motions received on December 23 and 29, 2015. Mr. Carling filed a certificate in this court on December 28, 2015, certifying that a copy of the fast track statement was mailed to appellant on December 15, 2015. Accordingly, we take no action on the motion for a copy of the fast track statement. This court may only consider matters appearing in the record when considering this appeal. As indicated above, we have ordered the record on appeal, and decline to take judicial notice of any documents not included in that record at this time. The motion for judicial notice is denied. fn1[We direct the clerk to file the motion received on December 15, 2015.]16-01111
01/13/2016MotionFiled Proper Person Motion to Dismiss Counsel on Appeal Pursuant to Order Filed December 3, 2015.15-38154
01/13/2016MotionFiled Proper Person Motion this Court for Copy of Fast Track Statement Filed December 9, 2015in which Attorney and Court Clerks will not Provide After Several Requests.15-39436
01/13/2016MotionFiled Proper Person Motion to take Judicial Notice Pursuant N.R.S. 47.150(2) of Rules (9;15) of the U.S Supreme Court N.R.S. 47.140(8) Pertaining to Notice of Appearance and Waiver Filed by (Rule 18) Solicitor General of Nevada C. Wayne Howle.15-39872
01/15/2016MotionFiled Proper Person Motion for Leave of Court to File Pro-Se Fast Track Reply (NRAP 46(b)) Noting Fast Track Response was Filed Jan 06, 2016 (Disputed Facts With Legal Argument and Authorities)16-01460
01/26/2016MotionFiled Proper Person Motion; "Petition for Rehearing (Denial of Judicial Notice) 1/13/16"16-02725
01/26/2016MotionFiled Proper Person Motion for Leave to use Original Record Pursuant NRAP 24(c).16-02727
01/27/2016Order/ProceduralFiled Order Denying Motion. Appellant has filed a pro se motion to file a reply to the fast track response. However, on January 13, 2016, this court entered an order granting appellant's motion to dismiss his counsel. That order gave appellant 30 days to file an opening brief. Accordingly, we deny the motion for leave to file a fast track reply. The clerk shall return, unfiled, the fast track reply received on January 15, 2016. Per our January 13 order, appellant shall have until February 12, 2016, to file and serve an opening brief that complies with the requirements of NRAP 32.16-02809
02/09/2016BriefFiled Proper Person Appellant's Opening Brief.16-04286
02/09/2016AppendixFiled Proper Person Appellant's Appendix.16-04287
02/23/2016Notice/IncomingFiled Proper Person Notice of Supplemental Authorities Pursuant NRAP 31(e) to 'Subject-Matter" Jurisdiction Point of Error, Fatal Variance in Information at time of Plea; Alternatively Courts Obligation to Consider, even on Appeal.16-05774
02/24/2016Record on Appeal DocumentsFiled Record on Appeal Volumes 1-28 (via FTP).16-05855
02/24/2016Case Status UpdateBriefing Completed/Submitted For Decision.
02/25/2016Notice of Appeal DocumentsFiled SEALED portion of the Record on Appeal: pages 324-333 PSI Report, 3485-3494 PSI Report, 2890-2894, 4763-4788 and 4809-4840
04/01/2016Order/ProceduralFiled Order Denying Motion for Reconsideration and Resolving Motion Regarding Record. We previously entered an order denying appellant's pro se motion to take judicial notice of docket sheet in another case. Appellant has now filed a pro se motion for reconsideration. We remain unconvinced that judicial notice is appropriate at this time. Appellant has also filed, in pro se, a motion for leave to use the original record. To the extent that appellant seeks to rely on the appendix filed by his previous counsel and on the record on appeal, the motion is granted. Any other relief requested in the motion is denied.16-10268
04/07/2016MotionFiled Proper Person Motion to Clarify Appellant's Record Hereby Incorporating by Reference this Court's Subsequent Order Dated 01/27/16 Becoming Dispositive by Ordering Appellant to File and Serve (See NRAP 31(a)) His Opening Brief which Naturally Includes an Appendix (See NRAP 32(d)) to Underpin the Opening Brief both Accepted and Already Filed on 02/09/1616-10945
06/22/2016Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn2[We have considered the pro se document filed in this court on April 7, 2016, and conclude that no relief is warranted.] NNP16D-MD/MC/MG16-19508
07/01/2016Post-Judgment PetitionFiled Proper Person Petition for Rehearing Pursuant NRAP 40 (c)(2)(A) - 40 (c)(2)(B) of Order of Affirmance, June 22, 2016.16-20637
07/07/2016Notice/IncomingFiled Proper Person Notice of Supplemental Authority Pursuant NRAP Rule 31(e).16-21171
07/27/2016Notice/IncomingFiled Proper Person Notice of Supplemental Authority.16-23261
07/29/2016MotionFiled Proper Person Motion for NRCP 60(b) Relief of this Courts Affirmance Filed June 22, 2016 for Unfiling Proper Timely Notice of Appeal Seeking US Certiorari of Affirmance of Direct Appeal 61631 Thereby Issuing Remittitur Prematurely Which Started the Collateral Clock Before the US Supreme Court Finished Announcing Certiorari Denied 10/15/2013.16-23658
08/01/2016Notice/IncomingFiled Proper Person Proof of Service of Motion for NRCP 60(b) Relief.16-23853
08/03/2016MotionFiled Proper Person Supplemental Motion for NRCP Rule 60 (B) Relief Based on Due Process, Substantive Rights.16-24101
08/22/2016Other Incoming DocumentFiled Proper Person Document "NRCivP Rule 5 and 15; F.R.Civ.P Rule 5(d)(4) Filing for Judicial Notice, in the Alternative, "Substantial Justice" [Pursuant to N.R.S 47.150 (2) and SCOTUS S.C.R. 201(c)(2) as App. A-10]."16-26084
08/22/2016Other Incoming DocumentFiled Proper Person Document "Judicial Notice Appendix." (STRICKEN PER ORDER 9/1/16).
09/01/2016Order/ProceduralFiled Order Denying Motion. Appellant has filed, in pro se, a "Filing for Judicial Notice, In the Alternative, 'Substantial Justice.'" We elect to treat the document as a motion for judicial notice. No cause appearing, the motion is denied. The clerk shall strike the "Judicial Notice Appendix" filed on August 22, 2106. Although appellant's motion was filed, we remind appellant that motions are limited to 10 pages. The clerk shall return, unfiled, any future motions that exceed this limitation.16-27205
09/12/2016MotionFiled Proper Person Petition for Rehearing, NRAP 40, Order Denying Motions and Striking Appendix which Mandates Judicial Notice of 3rd Trial Jury Instructions Per "Shall" in NRS 47.150(2) as Defined Par Excellence in Goudge vs. State 287 P.3d 301, 304 (Nev. 2012).(Motion to Reconsider 09/01/16 Order).16-28218
09/22/2016Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c).16-29447
09/26/2016Order/ProceduralFiled Order Denying Motion. Appellant has filed a motion in pro se titled "Petition for Rehearing, NRAP 40, Order denying Motions and Striking Appendix which Mandated Judicial Notice 3rd Trial Jury Instructions Per 'Shall' in NES 47.150(2) as Defined Par Excellence in Goudge vs. State 287 P.3d 301, 304 (Nev. 2012)." The substance of the motion requests reconsideration of this court's order entered September 1, 2016, denying appellant's motion for judicial notice. No good cause appearing, the motion is denied.16-29855
09/30/2016MotionFiled Proper Person Motion to Stay Remittitur Pending U.S. Certiorari Review.16-30569
10/12/2016Order/ProceduralFiled Order Staying Issuance of Remittitur. We hereby stay issuance of the remittitur until February 16, 2017. If the clerk of this court receives written notice by February 16, 2017, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by February 16, 2017, the remittitur shall issue forthwith.16-31757
10/13/2016Notice/IncomingFiled Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed September 28, 2016 and placed on the docket as Case No. 16-6353.16-31901
12/16/2016Notice/IncomingFiled Notice from US Supreme Court/Certiorari Denied. The petition for a writ of certiorari is denied.16-39206
12/16/2016RemittiturIssued Remittitur.16-39247
12/16/2016Case Status UpdateRemittitur Issued/Case Closed.
01/03/2017RemittiturFiled Remittitur. Received by District Court Clerk on December 21, 2016.16-39247
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