The Texas 3rd Court of Appeals reversed its earlier ruling and will allow the alleged confession of a fatal stabbing suspect to be used in his Austin trial.

The defense lawyer for Dwayne Milton Gobert argues his client's request for an attorney was ignored before making statements to detectives.

Gobert faces a murder trial for the 2003 death of his ex-girlfriend's friend, Mel Cotton.

The appeals court's opinion says Gobert had not been clear that he wanted to invoke the right to an attorney.

According to the opinion, he told the detective, "I don't want to give up any right, though, if I don't got no lawyer."

Defense lawyer Leonard Martinez told the Austin American-Statesman he plans to appeal to the Texas Court of Criminal Appeals.

Prosecutors argued that Gobert's possible request for counsel was too confusing to justify withholding his alleged confession.

Copyright 2007 Associated Press, All rights reserved.
This material may not be published, broadcast, rewritten or redistributed.