APNewsBreak: Nev. High Court won't hear OJ appeal

By KEN RITTER | May 17, 2011 | 9:44 PM EDT

LAS VEGAS (AP) — The Nevada Supreme Court has declined to hear O.J. Simpson's appeal.

Simpson's lawyer lost his bid Tuesday to appeal for his client's freedom before all seven members of the state's highest court.

The court issued a terse ruling Tuesday saying it won't reconsider Simpson's case.

Simpson's lawyer Malcolm LaVergne (Lah-VERN) in Las Vegas told The Associated Press he'll take the case to federal court.

LaVergne maintains the 63-year-old former football star didn't intend to commit a crime because he thought he was retrieving personal items from two sports memorabilia dealers in a Las Vegas hotel room in September 2007.

Simpson is serving nine to 33 years in Nevada state prison on kidnapping, armed robbery and other charges.

LaVergne says he spoke with Simpson last week and he's in "good spirits."