C-Murder Fights for Appeal of 2009 Murder Conviction

Legal team cites major flaws in previous case.

Posted: 10/07/2011 12:47 PM EDT

Nearly 10 years after being convicted of murdering a teenage boy, Corey "C-Murder" Miller and his lawyers have begun a second round of appeals after having successfully overturned one ruling, only to be found guilty in another.

Miller's lawyer's appeared before an appeals judge in Gretna, Louisiana on Wednesday to argue that their client's most recent conviction for the crime, handed down in 2009, was based on shoddy evidence and a pressured jury.

"No DNA. No fingerprints. No gun. No ballistics. No testing for gunshot residue. No incriminating statements. Not one piece of physical evidence directly linking Corey Miller to the shooting. The irreconcilable tales of two flip-flopping, deal-driven and reluctant (to testify) witnesses is the only evidence propping up the state's case," the defense wrote in their brief, according to NOLA.com.

First convicted in 2002 for the murder, Miller won an appeal in 2003 that afforded him a retrial. Two years ago, however, he was convicted again by a jury who voted 10-2, the minimum ratio required for a conviction under Louisiana state law. One juror later admitted in a statement that she changed her vote from "not guilty" to "guilty" while under duress, having been ordered by the judge to continue deliberations after hours of intense back-and-forth debate.

A panel of three judges in the 5th Circuit Court of Appeals heard the case and is expected to issue their ruling at some point over the next few months.

 

(Photo: Law Enforcement)

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