The Arkansas Supreme Court has ordered a new trial for a Smackover man sentenced to life in prison for killing his girlfriend after she broke up with him.

The high court ruled that El Dorado police obtained a confession from James Wedgeworth, even though he had requested an attorney before the interrogation.

Wedgeworth admitted using a shotgun to kill 31-year-old Megan Harbison in the early morning hours of July 16, 2005.

Wedgeworth was convicted of capital murder and sentenced to life in prison.

Police arrested Wedgeworth at his parents' home in Smackover. According to the opinion, an El Dorado police detective asked Wedgeworth if he'd like an attorney present. Wedgeworth said he would, but that he couldn't remember his attorney's name. The detective gave Wedgeworth five to 10 minutes to remember his attorney's name, then asked if they could continue the interview without an attorney. During that interview, Wedgeworth confessed to shooting Harbison.

In a concurring opinion, Associate Justice Paul Danielson noted that Wedgeworth did not waive his right to have an attorney present and that the interview should not have taken place.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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