LAS VEGAS -- A trio of Nevada Supreme Court justices issued
a terse two-word order Wednesday rejecting O.J. Simpson's request
to revive the appeal of his conviction in a Las Vegas casino-hotel
room heist.
"Rehearing denied," the three justices said.
Simpson lawyer Malcolm LaVergne told The Associated Press the
ruling was expected and said he expects the 63-year-old former
football star will want to appeal to the entire seven-member state
high court.
"It's tough to convince the same three justices who denied it
the first time to reconsider," LaVergne said. "This isn't the
last step. We'll talk with Mr. Simpson. Now what we have the
opportunity to do is petition the entire court to hear the
appeal."
Simpson is serving nine to 33 years in a Nevada prison on
kidnapping, armed robbery and other charges.
Justices Michael Cherry, Nancy Saitta and Mark Gibbons in
October upheld Simpson's 2008 conviction stemming from the robbery
of two sports memorabilia dealers in 2007.
The same three justices overturned the conviction of Simpson
co-defendant Clarence "C.J." Stewart, ruling that his trial was
tainted by Simpson's presence and the notoriety stemming from his
1995 acquittal in the slayings of his ex-wife, Nicole Brown
Simpson, and her friend Ronald Goldman in Los Angeles.
Simpson's attorneys, LaVergne and Yale Galanter, followed with a
request to reconsider, saying they thought the justices overlooked
or misunderstood several key arguments.
The lawyers claim Simpson lacked the necessary intent to commit
a crime because he was retrieving personal items when he, Stewart
and four other men confronted two sports memorabilia dealers and a
middle man in a Las Vegas casino hotel room in September 2007.
They also argue the last two black prospective jurors were
dismissed without proper cause, and that jurors weren't completely
screened for bias.
Stewart, 57, a former Simpson golfing buddy, served more than
two years in prison before his conviction was overturned. He
pleaded an equivalent of no contest Jan. 4 to felony robbery and
conspiracy and was sentenced to three years of probation, including
nine months of home detention. The plea deal avoided a retrial of
his case.