LAS VEGAS – O.J. Simpson asked the Supreme Court of Nevada on Thursday to do what three of its members have already refused to do — overturn his conviction and sentence in a robbery of a Las Vegas hotel room botched.
Las Vegas lawyer Malcolm LaVergne argued in his final appeal to the State's highest Court that the jury in Simpson trial 2008 in Las Vegas was not completely projected for partiality, that blacks were improperly rejected by the jury and that the abduction allegations were not proven.
"Simply stated, an all white jury sitting in judgment of an African-American who was at the epicenter of the most racially contentious criminal trial of all time during the mid-1990s is simply unacceptable, regardless of the notoriety of Mr. Simpson, "said the document on page 12.
The appeal was expected after a three-justice Panel rejected the appeal by Simpson in October. The Panel also denied Simpson a review in February. Simpson is currently serving a sentence of 9 to 33 years.
It also might not be the last word in case if the former College and professional football star, actor and celebrity, Sizemore advertising loses and criminal defendant appeals to federal courts.
The appeal was remarkable for the absence of involvement of trial attorney Yale Galanter, Simpson. He represented Simpson before and after his arrest in Las Vegas, but withdrew from the case in February, for unspecified reasons.
Galanter told The Associated Press Thursday, Simpson is still a lawyer, but refused to say whether he would return to the case if Simpson loses the Nevada Supreme Court appeal.
Galanter has been busy in recent months, which represents the outspoken actor Charlie Sheen, 45-year-old fired star of CBS's hit show "Two and a half men." Sheen is suing manufacturers show for breach of contract and recently reached an agreement with his ex-wife over custody of their two twin sons.
In Las Vegas, David Roger Clark County District Attorney was out of the Office Thursday and didn't immediately respond to messages on the Simpson case. Roger said he believes that the High Court of appeal has been carefully treated with Simpson.
A lawyer who has followed the case of Simpson from the beginning said about AP that he didn't think the seven high court judges Nevada reaches a different conclusion with respect to three colleagues.
"He very probably not be possible to obtain a different result," The lawyer said Lasso. "But it's always good to get a fresh look with new eyes."
Simpson is located in jail sentenced to 33 years for a brief confrontation that has not involved bodily harm, "said LaVergne in filing Thursday," to a dispute involving the legitimate claim of Mr. Simpson property stolen from him. "
He called Simpson's conviction on more serious charges, kidnapping, flawed and "a mockery of real cases of abduction and prior precedent." He also said that Simpson was barred from arguing that the items taken during the robbery of a hotel room belonged to him. Asked for the entire case against Simpson to be thrown out.
The 63-year-old Simpson was sentenced with co-defendant Clarence "C.J." Stewart, kidnapping, armed robbery and other charges stemming from a confrontation with two sports memorabilia dealers and a middle man in a room in a Hotel Casino in Las Vegas in September 2007. Four other former co-defendants pleaded guilty to lesser charges, testified at the trial and received sentences of probation.
Stewart served more than two years in prison before the Supreme Court of Nevada granted him a retrial, ruling in October that tainted the reputation of Simpson.
One of hawkers figurines, Bruce Fromong, accuses a myriad of trouble on the comparison, including shoulder and leg injuries, four heart attacks, an inability to work, vandalism to his North Las Vegas home and his need to take your prescription medication.
LaVergne said that Simpson's notoriety meant that Clark County District Court judge Jackie Glass allowed deeper questioning of potential jurors for identifying bias before testimony was presented in Las Vegas.
Glass had 500 potential jurors fill out questionnaires 26-page which included questions about Simpson's 1995 acquittal in the murders of his ex-wife, Nicole Brown Simpson and her friend, Ronald Goldman, in Los Angeles. Among the jury pool in Las Vegas was eliminated after expressing strong feelings that Simpson was guilty in that case.
Glass also instructed the final panel to put aside the opinions about the case in Los Angeles.
Through a glass, the Chancellor declined comment Thursday.
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