Tag Archives: post conviction

Kemar Johnston’s Request for New Trial Denied

Kemar Johnston on NBS-2.com

Kemar Johnston, convicted of a couple counts of first degree murder in the Cash Feenz murders several years ago in Cape Coral, had filed a motion for ineffective assistance of counsel. The primary error alleged in the motion was that his attorney prevented him from having a fair trial by admitting to marijuana use. Johnston was facing the death penalty for these crimes, and his attorneys managed to avoid a death sentence. He will appeal the denial of his post-conviction motion.

http://www.nbc-2.com/story/25583316/convicted-lee-co-killer-wants-new-trial#.U4lHn_ldXqQ

O.J. Simpson’s Motion for New Trial Denied

O.J. Simpson Prison Photo

O.J. Simpson Prison Photo

Months after the hearing on Simpson’s request for a new trial in his robbery convictions, the court issued a ruling denying his motion. He will appeal this ruling, but it is an even longer shot that an appellate court will overturn this type of decision. The article doesn’t give much detail on the ruling, merely that the judge found overwhelming evidence of his guilt. That’s not usually the standard for a motion for new trial, but that may just be that the report seized on that colorful language. I am not able to tell how sound the ruling is, but it is definitely a blow for O.J.’s attempt to get out of his robbery conviction.

O.J. Update, Hearing Continues

O.J. Simpson Prison Photo

O.J. Simpson Prison Photo

OJ Simpson’s former attorney, Yale Galanter, was called ┬áto the stand today. He has contradicted OJ’s testimony that he had ok’d the hotel room plan to recover the property. That means much of the motion will be a battle of credibility between OJ, the convicted felon, and his experienced and respected attorney. I would not be surprised if the judge does not rule immediately at the close of the hearing, but OJ’s chances at getting a new trial remain a long shot.

O.J. Simpson Testified Today in his Hearing on a Motion for New Trial

O.J. Simpson Prison Photo

O.J. Simpson Prison Photo

OJ took the stand to testify today in his bid for a new trial. It appears the main thrust of his claim as to why a new trial would be appropriate are shortcomings in his representation by his attorney. As Defendants are Constitutionally guaranteed the right to representation, the courts have held that if their attorney makes egregious errors, they were not properly represented at trial and can potentially get a new trial.

Not only do the errors have to be extreme, they must seriously indicate there would have been a different outcome. Also, the courts will usually not grant a new trial if the claim is based on strategic decisions, as opposed to outright mistakes. The burden is on the Defense to demonstrate the extent of the errors, and the likelihood of a different outcome.

Simpson testified that he had been given bad advice by his attorney before the incident- basically claiming that his attorney approved his actions in attempting to collect the property. If true, that could be a conflict of interest since the same attorney represented him at trial. Also, he claims that his attorney failed to inform him of the plea offer, which he would have been done serving his time by now had he accepted it. Also, he testified that his attorney kept him from testifying, thereby depriving him of his key defense. Again, the burden is on OJ to convince the judge of these claims. Such motions are generally long-shot, last-ditch attempts to overturn convictions. However, the allegations made by OJ are more dramatic that most. As far as I can tell from news reports, the hearing has not been concluded.

O.J.Simpson Back in Court Today

O.J. Simpson Prison Photo

O.J. Simpson Prison Photo

O.J. Simpson will be back in court today for a post-conviction motion on his Nevada robbery conviction. It’s a long shot motion, and really O.J.’s last ditch shot to get out of prison earlier than the minimum 9 years he must serve before he is eligible for parole. The co-defendant who was convicted with him at trial was previously released after his conviction was overturned on appeal, leaving O.J. as the only one of the robbers serving time for the robbery.
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