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September 2, 2014

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O.J. Simpson denied bid for new trial, but his lawyers vow to keep up fight

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Steve Marcus

O.J. Simpson arrives for a fifth day of an evidentiary hearing in Clark County District Court Friday, May 17, 2013.. Simpson, who is currently serving a nine-to-33-year sentence in state prison as a result of his October 2008 conviction for armed robbery and kidnapping charges, is using a writ of habeas corpus to seek a new trial, claiming he had such bad representation that his conviction should be reversed.

Updated Tuesday, Nov. 26, 2013 | 7:04 p.m.

O.J. Simpson Hearing

O.J. Simpson, right, talks with his attorney, Patricia Palm in Clark County District Court, Monday, May 13, 2013, in Las Vegas. Simpson, who is currently serving a nine to 33-year sentence in state prison for his October 2008 conviction for armed robbery and kidnapping, is using a writ of habeas corpus, to seek a new trial, claiming he had such bad representation that his conviction should be reversed. Launch slideshow »

Former football star O.J. Simpson won’t win a new trial on his October 2008 Las Vegas conviction on armed robbery and kidnapping charges.

Clark County Judge Linda Marie Bell, who heard Simpson’s appeal over five days of testimony in May, denied Simpson’s petition on Tuesday.

Simpson’s attorney Patricia Palm, when contacted about the ruling, had not yet had time to finish reading the 100-page decision but said, “We’re shocked and we’re disappointed.”

“This is just the first step and we are going to Nevada Supreme Court and Mr. Simpson will be vindicated when this is done,” said Simpson’s attorney Ozzie Fumo. “We’re not giving up this fight and it’s not over.”

Simpsons’ attorneys said that if the Nevada Supreme Court doesn’t rule in Simpson’s favor they will take the case to federal court.

“When it gets to the right court the right decision will be made,” Fumo said.

Simpson, most well known for being acquitted in the 1994 slaying of his ex-wife and her boyfriend, is serving nine to 33 years in prison after a jury found him guilty in 2008 of leading the gunpoint robbery of two sports memorabilia dealers in a Palace Station hotel room. Simpson claimed in court his longtime lawyer from Miami, Yale Galanter, failed to disclose that he knew about the plan in advance, told Simpson it was legal and provided bad advice at trial. Bell heard 19 of 22 allegations of conflict of interest as laid out by Simpson’s lawyers

In the decision made public late today, Bell concluded, “Mr. Simpson failed to demonstrate that counsel experienced an actual conflict of interest that substantially impacted counsel’s performance at trial. Mr. Simpson also failed to establish that the State withheld exculpatory evidence. Finally, Mr. Simpson failed to establish that appellate and trial counsel were ineffective or that any deficient performance by counsel resulted in prejudice. Given the overwhelming amount of evidence, neither the errors in this case, nor the errors collectively, cause this court to question the validity of Mr. Simpson’s conviction.”

Simpson, who is 66, won't be eligible for parole until he is 70.

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