The fate of OJ Simpson now lies with the Nevada Supreme Court after the football star’s lawyers filed an appeal to get him released from jail. Simpson’s lawyers are contesting that a judge had been wrong to deny him a new trial for his 2008 kidnapping and armed robbery conviction in light of information that hadn’t surfaced before.

Patricia Palm, Ozzie Fumo and Tom Pitaro, the lawyers of Simpson, filed the submitted final brief one month after Clark County prosecutors submitted documents saying that there was no need for a new trial for Simpson. Simpson’s lawyers argued that his lawyer in the 2008 trial, Yale Galanter, had conflicted interests and spoiled his client’s defense. Meanwhile, Galanter reportedly denied that any conflict existed.

Nevada court to rule on OJ Simpson’s 2008 kidnapping, robbery appeal http://t.co/wSqhnSyuPp pic.twitter.com/mJYKgs2PIU

— Globalnews.ca (@globalnews) October 27, 2014

Simpson is currently serving nine to 33 years in prison after he was found guilty on multiple felony charges for leading a group of men in a confrontation with two sports memorabilia dealers in a Las Vegas hotel in 2007. Two of the men reportedly testified that they had brought guns to the encounter at the request of Simpson.

Simpson didn’t testify during his first trial, but he testified in May 2013 that he didn’t know the men had been carrying guns during the encounter. Clark County District Court Judge Linda Marie Bell heard his claims of ineffective counsel but ruled that he did not deserve a new trial in November 13 because the evidence was overwhelming against him. Bell also said that any errors at the original trial wouldn’t have affected its outcome.

Simpson’s lawyers are arguing in the brief submitted to the Nevada Supreme Court that the outcome would have changed if the issues raised now were raised then. They said Galanter should have challenged the multiple convictions and punishments of Simpson, and that the jury should have been given the option of lesser kidnapping and theft offenses upon deliberation.