The Alabama Supreme Court ruled last week that the Lee County judge presiding over Courtney L. Lockhart’s case would remain.
Lockhart, 24, of Smiths Station, faces capital murder charges in the March 4, 2008 death of Auburn University freshman Lauren Burk.
Lockhart’s attorney Jeremy Armstrong asked Judge Jacob A. Walker III in September to step down from the case. Armstrong said he had not clarified in a preliminary hearing that the charges against Lockhart were not evidence. He also said Lee County judges might have a bias because of their proximity to the university. Walker disagreed and declined to recuse himself.
Armstrong filed a request with the state court of criminal appeals in October, asking them to appoint a new judge. When the court denied his motion in December, Armstrong appealed to the state Supreme Court.
The Supreme Court denied his appeal Feb. 2. No opinion or explanation was issued.
Armstrong declined to comment Wednesday, citing a gag order Walker issued in July forbidding those involved with the case from discussing it publicly. District Attorney Nick Abbett, too, cited the gag order.
Through a court administrator, Walker said the defense has 14 days from the date of the order to file for a rehearing with the Supreme Court. Walker said he wouldn’t take further action until Feb. 16.
Lockhart faces one count of capital murder during a robbery, capital murder during an attempted rape and capital murder during a kidnapping. No trial date has been set.
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