Dan Jaffe

Law Practice Examiner
Attorney Dan Jaffe is a practicing lawyer and legal commentator. He teaches lawyers that they can succeed in the business of law and keep their soul.

  

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O.J. Appeal Not Looking Good

October 5, 6:05 PM
by Dan Jaffe, Law Practice Examiner
 
 

 
A reversal of a conviction must be based on legal error. While the media reports posturing and strong promises from O.J.'s attorney, the reality is grim for Mr. Simpson.

If his strongest claim is that the Judge abused her discretion in allowing jurors who felt that Simpson was guilty of murder in another case, he will have an uphill fight. Each juror that was allowed onto the jury seems to, at least for now, be adamant that his double murder acquittal didn't come up during deliberations, and that it was not a consideration.

It is not unusual for jurors to later change their stories, or even to create a fiction that will better attract publishers and tabloids who offer them money and fame.

If a juror changes his or her story and says that the jury really did convict to correct their perception of an injustice that occurred in his mid 1990's acquittal, then the appeal gains strength.

At this point his lawyers ought to be concentrating on sentencing, which will happen before any appeal. Since there is a wide range of possible sentences in the case, O.J. would be well advised to concentrate on sentencing as well. If he can avoid a life-sentence then at least there will be more than one hope for release for Mr. Simpson.

For more info: Dan Jaffe is a DUI Lawyer and legal commentator. He blogs at http://blog.duiattorney.com, and can be reached for questions or comments at 480-951-3200.

Topics: Criminal Law News and Analysis
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