State of Tennessee v. David Hooper Climer, Jr.

OPINION

in which GARY R. WADE, C.J., and JANICE M. HOLDER, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

We granted this appeal to determine whether the trial court erred by denying the defendant’s motion to suppress his statements to the police on the grounds that they were elicited in violation of his constitutional right to counsel and were involuntary. We have determined that the defendant did not unequivocally request counsel and therefore did not invoke his constitutional right to counsel. Nevertheless, we have also determined that the State failed to prove by a preponderance of…