Conviction upheld despite lack of Miranda warning

Friday, Nov. 5, 2004 | 11:15 a.m.

CARSON CITY -- The Nevada Supreme Court on Thursday said a man convicted of first-degree murder in Las Vegas had not been warned by Metro Police that anything he said could be held against him, but upheld his conviction despite that.

Robert Lee Carter was found guilty of the fatal shooting of a woman in front of 10 children in the Las Vegas home. The court said, however, that Carter's Miranda rights were violated, so District Judge Donald Mosley erred in allowing Carter's statement about the killing of 29-year-old Brenda James at her Mount Royal Court residence.

The court said Carter would have been convicted without the statement because the trial also included the testimony of one witness who saw Carter shoot James and the testimony of two other witnesses to whom Carter had confessed.

"Based on this testimony, we are satisfied that a rational jury would have found Carter guilty of murder, even without the admission of Carter's statement," the court said.

Carter, now 35, was sentenced to two consecutive life terms in prison without the possibility of parole. He was also convicted of burglary and home invasion.

At trial, the Clark County prosecutors said Carter was obsessed with James and became angry when she began seeing another man. She was shot several times in front of 10 children who were at the house. Four of the children were Carter's.

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