IN THE SUPREME COURT OF THE STATE OF NEVADA
BRIAN KERRY O'KEEFE, No. 69036
Appellant,
vs.
THE STATE OF NEVADA, FILED
Respondent.
JUN 2 2 2016
TRACE K. LINDEMAN
CLERgF UPREME COURT
BY •
DEPUTY CLERK
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order denying a
postconviction petition for a writ of habeas corpus. Eighth Judicial
District Court, Clark County; Michael Villani, Judge.
Appellant filed his postconviction petition on September 15,
2014, more than one year after the remittitur issued on direct appeal on
July 23, 2013. 1 O'Keefe v. State, Docket No. 61631 (Order of Affirmance,
April 10, 2013). Therefore, the petition was untimely filed and
procedurally barred absent a demonstration of good cause and prejudice.
See NRS 34.726(1).
As cause to overcome the procedural default, appellant argues
that counsel was ineffective for not filing a motion for a stay of the
remittitur in his direct appeal. Had counsel done so, he contends, his
postconviction petition would have been timely under NRS 34.726.
Counsel's failure to seek a stay of the remittitur is not an impediment
'The district court appointed counsel to represent appellant in the
postconviction proceedings. See NRS 34.750.
SUPREME COURT
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external to the defense that prevented appellant from timely filing his
postconviction petition. Hathaway v. State, 119 Nev. 248, 252, 71 P.3d
503, 506 (2003). Because appellant failed to establish good cause to excuse
the delay in filing his petition, the district court did not err by denying the
petition as procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED. 2
J.
J.
Cherry
Gibboffs
cc: Hon. Michael Villani, District Judge
Brian Kerry O'Keefe
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
2 We have considered the pro se document filed in this court on April
7, 2016, and conclude that no relief is warranted.
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