Former Football Star Orenthal James Simpson is back in the news as he motions the Court in Las Vegas for a new trial stemming from a 2008 conviction of armed robbery, kidnapping and other charges. OJ was sentenced to 33 years in prison and now maintains that the items he “stole” were in fact his property and he received conflicting advice from a previous attorney. As he took the witness stand, OJ stated to the Court, “It was my stuff. I followed what I thought was the law.”
Simpson’s motion is hanging on the basis of showing his previous long-time friend and attorney, Yale Galanter, gave him bad trial and appellate advice and also had a conflict of interest in dealing with both Simpson and some of the memorabilia dealers. Additionally, he wants to refute witness accounts of guns being present during this confrontation.
What Does This Mean?
Statutes for a “Motion for a New Trial” are different in every state. In Nevada, where OJ is currently imprisoned, this motion may be brought where the defendant can provide new evidence as to why they are not guilty of a crime in which they were convicted. It appears OJ wants to bring new evidence to the Court’s attention to refute previous statements by witnesses for the prosecution, namely as to whether or not guns were present when he went to get what he believed to be his property back from the memorabilia dealers. He also wants to prove that the legal advice he received w biased as his attorney had a conflict of interest. If the judge grants the Motion and OJ gets a new trial, the previous verdict in his 2008 trial will no longer be valid and the case goes back to court. It’s like pressing a reset button on a trial.
How Does This Affect You?
If you or someone you know has been convicted of a crime, even if the case has gone to an appellate court and upheld, a Motion For A New Trial may be an available tool if new evidence can be presented to overturn the conviction. It must be noted that most Motions For A New Trial are rarely granted, however, it is worth a shot when new evidence is extremely beneficial to your case.
Additionally, “self-help” to get your stuff back is never a good idea when you have goons with you, who may or may not have guns on them……and your name is OJ Simpson.
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Rashida Maples, Esq. is Founder and Managing Partner of J. Maples & Associates (www.jmaplesandassociates.com). She has practiced Entertainment, Real Estate and Small Business Law for 9 years, handling both transactional and litigation matters. Her clients include R&B Artists Bilal and Olivia, NFL Superstar Ray Lewis, Fashion Powerhouse Harlem’s Fashion Row and Hirschfeld Properties, LLC.