If OJ Simpson wins appeal, what's next? - WFXG FOX 54 - News Now

If OJ Simpson wins appeal, what's next?

O.J. Simpson was back in a Las Vegas courtroom on Monday, May 13, 2013, asking for a new trial after being convicted of robbery and kidnapping in 2008. (FOX5) O.J. Simpson was back in a Las Vegas courtroom on Monday, May 13, 2013, asking for a new trial after being convicted of robbery and kidnapping in 2008. (FOX5)
LAS VEGAS (FOX5) -

OJ Simpson is trying to get a retrial in the armed robbery-kidnapping case that put him behind bars in 2008.

Besides being shackled and dressed in prison blue, Simpson is noticeably different this time around.

FOX5 legal analyst Bob Massi said facts in the case could be enough for Simpson to prove his former attorney, Yale Galanter, didn't give him fair representation.

"He literally maybe should never have represented him or even more importantly that he gave him bad advice. Now there's some case laws that if you gave bad advice, that could be enough for the conviction to be overturned," Massi said.

If that happens, Massi doubts another trial will happen.

"[Clark County District Attorney] Steve Wolfson could look at this and say 'Is it really worth pursuing this case?' They could go to the new lawyers and say 'We've got a deal for you now,'" Massi said.

And winning this appeal doesn't mean Simpson's legal battles would be over.

"If OJ wins this, the state could appeal," Massi pointed out.

But for now, Massi said Simpson will take the stand this week, possibly as soon as Tuesday.

"There's no way to win it without him testifying," Massi said.

If Simpson wins this appeal, Massi said it's possible he could be released on his own recognizance while the appeal and re-trial play out in court.

Copyright 2013 KVVU (KVVU Broadcasting Corporation). All rights reserved.

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