State v. Nelson

OPINION OF THE COURT BY

NAKAMURA, J.

Finding that Kurt Lance Nelson invoked his right to counsel before being questioned by officers of the Honolulu Police Department on December 27, 1985 and concluding that he did not waive the right thereafter, the Circuit Court of the First Circuit suppressed statements and other evidence obtained from him through custodial interrogation without the presence of counsel on December 27, 1985, on December 30, 1985, and on January 17, 1986. The State of Hawaii appeals, averring the record manifests no invocation by the defendant of such right and, in fact,…