No New Trial for OJ

Posted on November 9, 2008 by John Marshall

USA Today reported Friday that OJ lost his bid for a new trial. The primary basis for the motion was erroneous rulings limiting cross-examination of witnesses and errors during jury instruction. OJ is now going to have to wait until his appeal is heard before he can hope to be released from jail.  

Applications for post-conviction relief, such as motions for a new trial, are actually commonplace in our New Jersey criminal defense law firm.  However, success on these types of petitions require good facts, law, and/or creative argument.  The Judge in OJ's case apparently found nothing of a reversible nature and now it is on to appeal.  The outcome is not surprising as it is often very difficult to get a trial judge to grant a new trial based on his or her own error, after trying a case for weeks.  This is why it is so important to get things right if at all possible at trial as "do overs" are the limited exception.  I am sure OJ's Las Vegas defense attorney has a better prospective on what happened.  In any case, OJ's involvement with the judiciary shall continue.

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Leaf Does Not Change Colors in Texas

Posted on November 8, 2008 by John Marshall

The AP Wire reported on Thursday that Ryan Leaf's efforts to build a coaching career have taken a turn for the worse.  He is alleged to have solicited pain medication from one of his players.  It is unclear exactly what medication was requested but it is apparent that it was a prescription drug.  Chief Bobby Griffin of the Canyon Police reports that Leaf is being accused of obtaining a controlled dangerous substance by fraudulent means.  Leaf subsequently resigned on Friday.

We happen to deal with illegal prescription cases exactly like Ryan's everyday in our New Jersey criminal defense firm.  While it cost him his job, the honest truth is that this stuff effects all types of people everyday without such consequences.  They go in for oral surgery or some other treatment, are prescribed opiate based medication, and they are off and running.   We even have occasion to represent medical practitioners and pharmaceutical sales people on this type of case.  It is classic addiction with no involvement of violence or a victim in most cases  If Texas takes a similar approach, the case will probably resolve with limited impact on Mr. Leaf provided he hires the right attorney. While it may be a crime to acquire or carry pain medication without a prescription, a good defense lawyer can usually negotiate the situation.  Nonetheless, a Texas criminal defense lawyer like Jamie Spencer probably would have a better feel for what may happen in a Texas Court.

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