The Legal Edge

October 10, 2008

New Trial Motion is Purely Procedural

Filed under: O.J. Simpson — mbryant @ 7:11 pm

As expected, both defendant O.J. Simpson and defendant C.J. Stewart filed there motions for new trial Friday the 10th, basically the last day to do so under the very time stingy Nevada rules. But here’s a betting line, a sure lock, my V.I.P. can’t lose special…Motion DENIED.

The hearing on the motion isn’t until October 30th, but this all pro forma, Gabe Grasso and Brent Bryson just making the right paper move through the system to set up grounds for appeal. You may remember Judge Jackie Glass refusing to extend the time to file the motion. Why would she do that knowing the amount of material counsel would need to review to support any motion? “I have no idea,” deadpanned Bryson in the courthouse hallway just after the verdict.

Well, I don’t have the same political constraints. Judge Glass said, “no” to any extension because she heard the case and the filing of a new trial motion is effectively asking the trial judge (Glass) to reverse herself on the rulings she handed down along the way. It just doesn’t happen. But the filing of the motion and the impending denial is necessary to set up the appeal.

So, the parties grind through the system. O.J. grinds through another 23 hours of each day in his segregated cell (See Part #4 of TLE’s Alfred Beardsley jailhouse interview), and the sentencing will come and go long before any appellate issues are ever decided.

But it’s part of the system. Flawed or not it’s the best on the planet.

MJB

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