STATE OF MISSOURI v. DAVID KEVIN HOLMAN, Defendant-Respondent

The State appeals the trial court’s order sustaining David Kevin Holman’s (“Defendant”) motion to suppress statements he made to law enforcement.1 The State’s single point claims the trial court erred in granting Defendant’s motion “because Defendant did not unequivocally assert his Fifth Amendment right to counsel, in that Defendant only refused to sign [aj consent to search form without an attorney but did not otherwise refuse to communicate with the police.” Because the police honored Defendant’s unambiguous, limited invocation of his rights, we reverse the challenged order and direct the.…