Good work, TCADA appellate guru Brian Case and the rest of the Travis County prosecutors handling this case. An important point of law.

See the opinion here:

http://www.3rdcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=16293

Here's the media report:

Man's confession is admissible, appeals court says
Court reverses itself in 2003 murder case.

By Tony Plohetski

AMERICAN-STATESMAN STAFF

Tuesday, October 09, 2007

The Texas 3rd Court of Appeals has reversed its own ruling from earlier this year about whether a confession a murder suspect made to Austin police homicide investigators can be used in his trial.

The appeals court said in April that statements from Dwayne Milton Gobert, who is accused of stabbing a woman to death in her North Austin apartment in 2003, could not be used in court amid questions about whether Gobert had asked for a lawyer.

However, the court ruled last week that upon reconsideration, the confession could be admitted. The opinion said Gobert had not been clear that he wanted to invoke the right to an attorney.

Gobert remains in the Travis County Jail awaiting trial. His attorney, Leonard Martinez, said Monday that he plans to appeal the ruling to the Texas Court of Criminal Appeals.

"The law is on our side," he said.

The day after police arrested Gobert, homicide Detective Michael Burgh read him his rights, according to the opinion.

Gobert indicated that he understood and then said, "I don't want to give up any right, though, if I don't got no lawyer."

State District Judge Bob Perkins initially ruled that Gobert's statements could not be used in trial. Prosecutors appealed and lost after the 3rd Court ruled that once Gobert invoked his right to a lawyer, the detectives should have stopped questioning him until he had an attorney.

Assistant District Attorney Bryan Case said he asked the court last month to reconsider.

He said he questioned in his petition whether Gobert's statements to investigators had been accurately transcribed. He included a videotape of the interview.

"I just sort of argued more forcefully that Gobert made a statement, that while it could be interpreted as being a request for counsel, was a confusing statement," Case said.

Mel Cotton, 30, worked as a bank teller and had been friends with Gobert's ex-girlfriend. Gobert told police that he had gone to Cotton's apartment on Interstate 35 near Rundberg Lane, intending to spend the night.

Gobert told police that they got into an argument and that Cotton grabbed a knife. He told investigators that he wrestled the knife away, stabbed her and then attempted to tie her and her 5-year-old son up with a phone cord and duct tape. The child also was stabbed but survived.