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Murder conviction reversed, new trial ordered Friday, Apr 25, 2008 Arkansas News Bureau LITTLE ROCK - The state Supreme Court reversed a Randolph County man's life sentence for a murder conviction and ordered a new trial Thursday, saying statements he made to police after his arrest should have been suppressed and not used during his trial. The high court affirmed a conviction in a separate case involving a motion to suppress evidence. The court overturned the verdict against Brian Edward Robinson, who was convicted of gunning down Brian Wilbanks on Oct. 16, 2006, in front of Wilbanks' home outside Pocahontas. Robinson fled the scene in a car and later crashed into a police cruiser and fled on foot before being caught by police. After he was taken into custody, Robinson told a sheriff's deputy he did not want to talk about the shooting. The deputy and another officer, however, continued to ask him questions. He later gave police a statement at the scene of his arrest and gave another statement to investigators at the sheriff's office. During a February 2007 hearing, Robinson argued investigators violated his constitutional right to remain silent when they continued to question him even though he had already said, "I don't want to say anything right now." Circuit Judge Harold S. Erwin denied Robinson's motion to suppress his statements. A Randolph County jury found him guilty of first-degree murder and fleeing, and he was sentenced him to life behind bars. In a 6-1 decision Thursday, the Supreme Court said Circuit Judge Harold S. Erwin erred in not suppressing Robinson's statements. "Robinson's response was an invocation of his right to remain silent and initial indication that he did not wish to be questioned," Justice Jim Gunter wrote. In a dissenting opinion, Justice Tom Glaze noted that Robinson continued to answer questions about the shooting and that his agreeing to answer the officer's questions effectively waived his right to remain silent. In another decision Thursday, the Supreme Court upheld John Boldin's conviction on charges of first-degree murder and aggravated robbery in Logan County. Boldin was sentenced to life in prison plus 44 years in the shooting death Kevin Agilar of North Little Rock in 2005. Agilar left home on a trip to Louisiana on Aug. 21, 2005, was found the next day under the Arkansas 109 bridge in Logan County. In his appeal, Boldin argued the circuit judge erred by not suppressing evidence, limited his attorney's presentation of his defense and incorrectly denied his motion that charges be dismissed. In a unanimous decision, the high court concluded there was ample evidence to support Boldin's conviction and that Circuit Judge Frank Arey III did not abuse his power by limiting the defense's questioning of an alleged accomplice. Arey correctly denied Boldin's motion to dismiss, the court said. |
