Miller�s attorneys are hoping that the intervention of an appeals court during the final arguments could lead to a new trial. An appeals court handed down a decision that prosecutors could tell the jurors they could find Miller guilty of manslaughter instead of second-degree murder. The lesser conviction carries a 40-year prison sentence instead of the automatic life behind bars. 

At that point Miller�s attorney, Ronald J. Rokosky, asked the judge for a mistrial since he had based his defense case on the second-degree murder charge, not manslaughter. His motion was denied. 

Miller is hoping that the last minute appeals court decision will open the door for a new trial. 

Miller was convicted of killing Steve Thomas. According to two prosecution witnesses Miller reportedly beat and then shot Thomas outside of the Platinum Club in Harvey Louisiana, on January 12, 2002.  

Thomas was at the club participating in an emcee battle, and an altercation broke out between him and Miller.  

The defense brought forth several witnesses that testified that Miller had not been involved in the incident; however, their testimony was largely discredited when different witnesses gave different descriptions of what Miller was actually wearing.  

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