Ruling is minor legal victory for C-Murder

NEW ORLEANS (AP) _ Rapper C-Murder won a minor legal victory Tuesday when the Louisiana Supreme Court agreed to toss an indictment saying the performer had contraband while locked up in the Jefferson Parish jail.
The rapper, whose real name is Corey Miller, was convicted last month of second-degree murder and is serving a life sentence with no chance of parole. On Tuesday, the court ruled in Miller’s favor on an unrelated charge. Miller’s lawyer had filed a motion to nullify an indictment for possession of a cellular phone while he was in the jail awaiting the murder trial.
The lawyer, Ronald Rakosky, appealed to the Supreme Court over a provision that says contraband inside a local jail includes but is not restricted to money, stolen property, liquor, guns or drugs. Rakosky argued that the provision gave sheriffs and jailers too much power to determine what other items are contraband.
The supreme court agreed Tuesday, saying the Legislature cannot delegate that power to local officials.
Two jailers were accused of smuggling the phone to Miller.
Rakosky has said he will appeal Miller’s Sept. 30 conviction for shooting a 16-year-old fan inside a nightclub in January, 2002. Miller has not yet been formally sentenced, but the conviction carries an automatic life sentence.
At the time of the killing, Miller was free on bond after allegations of firing a handgun at a Baton Rouge club owner and bouncer. Police said Miller had been told he could not enter the club until he was searched for a weapon.
Miller is accused of pulling a gun, which malfunctioned twice before a round was fired into the floor. Police said Miller fled and was later booked with two counts of attempted first-degree murder. Baton Rouge prosecutors have said they will wait until Miller’s sentencing on the second-degree murder charge before pursuing their charges against him.
Miller, 32, is the younger brother of Master P, rapper and producer Percy Miller Jr. Corey Miller’s 1998 record “Life Or Death” sold nearly 1 million copies. His subsequent records have not been as popular; last year’s “Tru Dawgs” sold 95,000.