Case Information: 77797
Short Caption:	O'KEEFE VS. STATE	Court:	Supreme Court
		Related Case(s):	77797-COA, 84511, 86804, 86804-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A783689	Classification:	Criminal Appeal - Other - Other/Proper Person
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:		Oral Argument Location:
Submission Date:	05/10/2019	How Submitted:	On Record And Briefs

+ Party Information
Role	Party Name	Represented By
Appellant	Brian Kerry O'Keefe	In Proper Person
Respondent	The State of Nevada	Steven B. Wolfson (Clark County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
01/03/2019	Filing Fee	Appeal Filing Fee Waived. In Forma Pauperis. (SC)
01/03/2019	Notice of Appeal Documents	Filed Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)		19-00392
01/03/2019	Notice/Outgoing	Issued Notice Regarding Deadlines. (SC)		19-00394
01/10/2019	Order/Procedural	Filed Order Redesignating Appeal. This appeal was initially docketed as a civil appeal. Upon further review, this court has concluded that this appeal shall proceed as a criminal appeal. Accordingly, the clerk of this court shall redesignate this appeal as a criminal appeal. The parties shall disregard the notice issued on January 3, 2019. (SC)		19-01542
01/15/2019	Motion	Filed Proper Person Appellant's Motion to Dismiss Existing Appeal as SCN Case No. 77797 for Eighth Judicial District Court Has Not Entered a Final Judgment and Has Scheduled a Hearing on O'Keefe's N.R.C.P. 59(c) Motion Scheduled January 30, 2019 09:00 a.m. (SC)		19-02414
01/18/2019	Motion	Filed Proper Person Appellant's Motion for Leave of Court to File Judicial Notice Pursuant to NRS 47.140 that the Law of the Nevada Supreme Court is such that a Petition for a Writ of Coram Nobis on Appeal is Treated as a Civil Appeal by the "Holding" of this Court in Trujillo v. State, 129 Nev. Adv. Rep. 75 Filed October 10, 2013 by Gibbons, Douglas and Saitta, JJ Therefore Appealable Under NRAP 3A(b)(1). (SC).		19-03024
01/28/2019	Order/Procedural	Filed Order. This court previously entered an order redesignating this appeal as a criminal appeal. Appellant has filed, in pro se, a motion to file judicial notice in which he asserts that the denial of a petition for a writ of coram nobis is treated as a civil appeal pursuant to Trujillo v. State, 129 Nev. 706, 310 P.3d 594 (2013). This court recognizes that an order denying a petition for a writ of coram nobis is appealable under NRAP 3A(b)(1). (SC)		19-04218
02/21/2019	Motion	Filed Proper Person Appellant's Motion - "Motion to Withdraw Motion to Dismiss Existing Appeal as SCN Case No. 77797 Which was Filed on January 15, 2019...". (SC)		19-08175
02/21/2019	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 11/30/18, 12/05/18, 01/30/19, 02/20/19. To Court Reporter: Kimberly Farkas. (SC)		19-08177
02/26/2019	Motion	Filed Proper Person Appellant's Motion to Appoint Counsel. (SC)		19-08888
03/08/2019	Brief	Filed Proper Person Appellant's Informal Brief. (SC).		19-10532
03/08/2019	Docketing Statement	Filed Proper Person Docketing Statement. (SC).		19-10533
03/11/2019	Order/Procedural	Filed Order Directing Entry and Transmission of Written Order. District Court Order due: 60 days. (SC)		19-10663
03/15/2019	Order/Procedural	Filed Order. This court will take no action on the motion to dismiss filed on January 15, 2019. At this stage of the proceedings, this court is unable to determine which transcripts, if any, are necessary for this court's review on appeal, and therefore decline to order the preparation of the requested transcripts at this time. However, as this appeal proceeds, this court will consider the necessity of transcripts and may order their preparation at a later date. Appellant's motion for the appointment of counsel is denied at this time. (SC)		19-11708
03/26/2019	Order/Incoming	Filed District court order. Certified copy of order filed in district court on March 25, 2019. Order. (SC)		19-13382
04/03/2019	Order/Procedural	Filed Order Directing Transmission of Record and Regarding Briefing. Record on Appeal due: 30 days. Appellant has filed an informal brief. Respondent need not file a response to the brief unless ordered to do so by this court. (SC).		19-14494
04/09/2019	Other Incoming Document	Filed Proper Person Document - "Case of First Impression - Objection to District Court's Order Filed 3/25/19 Which Omits Facts and Remains Silent to Legal Fact That The State Committed Fraud by the Simulated Fact That O'Keefe Pled Guilty to Count 6 and The Court Lacked Any Felonious Conviction as a Jurisdictional Fact That Did Not Exist to Sustain Burglary as a Miscarriage of Justice by State Impediment." (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 08/01/19 ORDER).		19-15457
04/16/2019	Other Incoming Document	Filed Proper Person Document "Affidavit of Brian O'Keefe Manifesting Cohabitation Supported by Record and A Myrias of Motions Filed by the State Having Knowledge Noting this Court Ordered the Record. (SC). (TRANSFERRED TO THE COURT OF APPEALS PER 08/01/19 ORDER).		19-16576
04/16/2019	Brief	Filed Proper Person Amended Appellant's Informal Brief. (SC).		19-16577
04/22/2019	Motion	Filed Proper Person Appellant's Motion to Take Judicial Notice Pursuant to NRS 47.150(2) of Exhibit "A" as a Matter of Law Pursuant to NRS 47.140 with and by Affidavit of Appellant O'Keefe. (DETACHED SUPPLEMENTAL INFORMAL BRIEF AND FILED SEPARATELY PER ORDER 5/2/19). (SC)		19-17602
04/23/2019	Record on Appeal Documents	Filed Record on Appeal - VOL 1. (SC)		19-17762
04/26/2019	Record on Appeal Documents	Filed Record on Appeal pages 1-3, 30, 32-43 and 57-62 (SEALED). (SC).
05/02/2019	Order/Procedural	Filed Order. Appellant, who is proceeding in pro se, has filed a motion to take judicial notice of a document filed in a separate district court case. The motion is denied. Attached to appellant's judicial notice motion is a supplemental informal brief. The clerk shall detach this document and file it separately. (SC)		19-19308
05/02/2019	Brief	Filed Proper Person Appellant's Supplemental Informal Brief. (SC)		19-19312
05/03/2019	Motion	Filed Proper Person Appellant's Motion for Leave of Court to File the Following Supplemental Informal Brief Based on the District Court's Subsequent Act of Filing Order on 03/25/19, Which this Court Only Stamp Received 04/22/19. (SC).		19-19530
05/03/2019	Motion	Filed Proper Person Appellant's Omnibus Motion Humbly Requesting This Supreme Court to Expedite/Retain This Case as an Issue of First Impression Pursuant to NRAP 17 (11) and (12) and Submit Case For Decision Where the Record Has Been Filed 04/23/2019, NRAP 28(2)(5). (SC).		19-19645
05/09/2019	Order/Procedural	Filed Order. Appellant has filed in pro se, a motion to file a supplemental brief. Attached to the motion is the proposed supplemental brief. The same supplemental brief was filed in this court on May 2, 2019. Thus, this court denies the motion as moot. Appellant has also filed a pro se motion asking that this court retain this appeal under NRAP 17(a)(11) and (12) and that the appeal be expedited and submitted. The motions are denied at this time. (SC)		19-20394
05/10/2019	Case Status Update	Briefing Completed/Submitted For Decision. (SC)
07/19/2019	Motion	Filed Proper Person Appellant's Motion to Take Judicial Notice of Matters of Law and of Fact Attached Via Affidavit Pursuant to NRS 47.140 and NRS 47.150(2) and Order State to Answer on Merits. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 08/01/19 ORDER).		19-30566
07/19/2019	Motion	Filed Proper Person Appellant's Motion to Take Judicial Notice of Affidavit Where Question of Law Exists Demonstrating District Court Had No Basis of Jurisdiction to Charge Simple Battery When Parties Cohabitated Triggering a Domestic Relationship for a Only Battery D.V. Charge (M). (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 08/01/19 ORDER).		19-30614
08/01/2019	Notice/Outgoing	Issued Notice of Transfer Case to Court of Appeals. (SC).		19-32393
08/01/2019	Case Status Update	Transferred to Court of Appeals. (SC).
09/20/2019	Order/Dispositional	Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn2 [We have considered all documents O'Keefe has filed in this matter and conclude no relief based upon those documents is warranted.] Court of Appeals-MG/JT/BB. (SC).
12/12/2019	Case Status Update	Transferred from Court of Appeals. (SC)
12/12/2019	Post-Judgment Petition	Filed Proper Person Appellant's Petition for Review Based on a Factual Error Tantamount to a Extreme Fundamental Miscarriage of Justice Masking Factual Innocence of Misdemeanor Conduct Unable to Sustain Felony Burglary Resulting in Actual Innocence as Good Cause. (SC)		19-50334
01/07/2020	Motion	Filed Proper Person Appellant's Motion for Leave to File and Motion For Supplemental Argument for Petition for Review Where Affirmative Defense of Waiver Became Waives Pursuant NRCIVP 8(c) Based on Clark County District Attorney Failure to Raise Caused by Failure to File Response Intentionally. (SC)		20-00853
01/24/2020	Post-Judgment Order/Dispositional	Order Denying Petition for Review. "Review denied." fn1 [Having considered appellant's "motion for leave to file and motion for supplemental argument for petition for review," filed on January 7, 2020, we conclude that no relief is warranted.] fn2 [The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] (SC).		20-03411
01/31/2020	Motion	Filed Proper Person Appellant's Motion for Leave of Court to File This Controlling Supplemental Authority on Affirmative Defense of Waiver Where State Must Raise Waiver Expressed in Phelps, 104 Nev. at 659, 764 P.2d at 1305 (1988) Just Learned. (SC)		20-04414
02/11/2020	Order/Procedural	Filed Order. This court entered an order denying appellant's petition for review on January 24, 2020. Accordingly, no action will be taken on appellant's January 31, 2020, pro se motion to file supplemental authority. (sc).		20-05622
02/18/2020	Remittitur	Issued Remittitur. (SC)		20-06483
02/18/2020	Case Status Update	Remittitur Issued/Case Closed. (SC)
03/09/2020	Remittitur	Filed Remittitur. Received by District Court Clerk on February 25, 2020. (SC)		20-06483