The Waiting Room

This could take a while...

Friday, December 05, 2008

Do Not Pass Go

Posted by Seeking Solace |

OJ gets 16 years with possible parole in six (I doubt he will be granted parole on the first shot).

I doubt the sentence will be appealed. If anything, the judge was pretty generous in giving him concurrent sentences on all the counts.

Some people think he may have an ineffective assistance of counsel claim because his original attorney was not providing him with a zealous defense. I don't think that will fly on appeal. Usually, ineffective assistance claims don't work. Even if OJ did not have "a zealous" defense, the evidence was way too damning. Why he did not take a plea is beyond me. My only guess is that his own arrogance kept from doing it. I know from experience. An attorney cannot force a client to take a plea. Often clients will not take pleas, despite the begging of their lawyer. Then, the want to cry foul when the lose.

That leaves the jury make-up. There are questions about Simpson being found guilty by an all-white jury. It is my understanding that Las Vegas County is only 18% Black, so there must have been a small number of Blacks in the pool. Also, I don't know how many peremptory challenges existed during jury selection. For you legal novices, a peremptory challenge is where a potential juror can be dismissed for any reason. There is an agreed number of peremptory challenges, so depending on how many Blacks were questioned at the time, means that a Black person could have been dismissed and there is nothing that can be done about it. And, even if there is a jury question on appeal, it would take years before it would be heard.

So, I guess OJ is going to have enjoy the accommodations provided by the State of Nevada.

Karma is sweet.

2 comments:

rented life said...

would he be happier with a jury of NFL players, his "peers"? Or maybe some murderers who got away with it?

Next case to follow: what happens when you shoot your own leg in a club.

Seeking Solace said...

The defense will be that the gun was racist!

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