June 12 TEXAS: Top Texas appeals court to hear Austin death penalty case----At issue is whether police properly questioned Milton Gobert in 2003 stabbing. A man facing the death penalty in Travis County in the 2003 stabbing death of his ex-girlfriend's friend will have his case heard by the Texas Court of Criminal Appeals, the court announced Wednesday. The state's highest criminal court will determine whether Milton Dwayne Gobert's recorded confession to the stabbing of 30-year-old Mel Cotton in North Austin should be admissible at trial. At issue is what Gobert said to Austin homicide Detective Michael Burgh the day after Cotton was found dead. "I don't want to give up any right, though, if I don't got no lawyer," Gobert said, according to court documents. Burgh and Detective Kerry Scanlon then both asked: "You don't want to talk?" Gobert then agreed to talk to them and signed a card saying he understood the rights he was waiving. After a few questions, Scanlon again asked Gobert if he was sure he wanted to give up his right to a lawyer. Gobert said he was sure. During an interview, Gobert said he wrestled a knife away from Cotton and stabbed her with it, court documents show. Her 5-year-old son also was stabbed but survived. Defense lawyers say that Gobert clearly asserted his right to a lawyer and that police should have ceased questioning him. Prosecutors say Gobert's statement about a lawyer was not clear. In 2006, state District Judge Bob Perkins sided with Gobert's defense lawyers and ruled that nothing Gobert said could be used at his capital murder trial. A three-judge panel of the Austin-based 3rd Court of Appeals in April 2007 affirmed Perkins' ruling. Chief Justice Kenneth Law and Justice Jan Patterson agreed with Perkins, and Justice David Puryear dissented. Prosecutors asked the Court of Criminal Appeals to take the case, but before the 3rd Court forwarded the case up the ladder for review, the justices took another look. In October, Law changed his mind and sided with Puryear. The court then ordered that Gobert's statements could be used during his trial. Gobert's lawyers then asked the Court of Criminal Appeals to take the case. With its ruling Wednesday, the court said it would entertain oral arguments in the case. The date has not been set. (source: Austin American-Statesman)
[Deathpenalty] death penalty news-----TEXAS
Rick Halperin Thu, 12 Jun 2008 00:18:23 -0500 (Central Daylight Time)
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin
- [Deathpenalty] death penalty news-----TEXAS Rick Halperin