State of Missouri v. David K. Holman

The state brings this interlocutory appeal, pursuant to section 547.200.1(3), RSMo 2000, 1 after the trial court sustained David K. Holman’s (hereinafter, “Defendant”) motion to suppress statements he made to police after his arrest. The state claims that Defendant’s statements were suppressed improperly because Defendant failed to unequivocally assert his Fifth Amendment right to counsel.

This Court holds that Defendant’s Fifth Amendment rights were not violated. Accordingly, the trial court’s judgment is reversed, and the case is remanded.

Factual and Procedural Background

' In determining…