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Court Sets Aside Murder Conviction of Texas Man

April 7, 1986

WASHINGTON (AP) _ The Supreme Court today set aside the murder conviction of Emmett Murray Holloway, sentenced to death for the 1977 murder of a policeman in Gilmer, Texas.

The justices ordered the Texas Court of Criminal Appeals to restudy Holloway’s case in light of their recent rulings concerning criminal suspects’ right to legal help.

In one, in a case called Michigan vs. Jackson, the court ruled that police may not question criminal defendants after those defendants ask for a lawyer’s help during arraignments or other court hearings

In the second decision, in a case called Moran vs. Burbine, the justices said criminal suspects who do not invoke their right to a lawyer’s help before answering police questions cannot have that right invoked for them by a relative or by their lawyer.

Holloway was convicted and sentenced to death for the Nov. 11, 1977, fatal shooting of Marshall Sowders. Depending on what the Texas appeals court rules, a new trial for Holloway may be necessary.

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