Courtney Lockhart's defense announced Monday at a status conference that it is seeking to appeal Lee County Circuit Court Judge Jacob Walker's decision to deny a change in venue for the capital murder trial.
The defense has submitted a petition to the Alabama Supreme Court to appeal the lower court's decision and is awaiting a verdict.
However, if the Supreme Court denies the change in venue, Lockhart's trial will be held Nov. 8 in Lee County Circuit Court. Both the defense and the prosecution are still preparing for the trial, regardless of the Supreme Court's decision.
Lockhart was indicted for the March 4, 2008 murder of Auburn freshman Lauren Burk and is facing charges of capital murder during a kidnapping, capital murder during an attempted rape and capital murder during a robbery.
Burk, 18, a native of Marietta, Ga., was found shot on Ala. 147/North College Street near U.S. 280 and was pronounced dead at East Alabama Medical Center. Her Honda Civic was later found on fire in the Hinton Field parking lot.
Lockhart, 23 at the time of the murder, is from Smiths Station. He confessed to Burk's murder March 9, 2008.
Lockhart's defense also asked to add more specific questions concerning juror bias to the questionnaire sent to potential jurors, but Walker denied the request.
The questionnaire used in the past for capital murder trials in Lee County will be sent to the potential jurors on the Lockhart case, Walker said.
Another status conference is scheduled for Oct. 19.
If convicted of Burk's murder, Lockhart could face the death penalty.
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