Holden v. State

I disagree with the manner in which the majority opinion addresses the issues concerning the state’s opening statement and the warrantless search of appellant’s residence. The first part of this dissent is based upon the law and the facts as set out in the majority opinion. Based on my understanding of the law and precedent, I am compelled to reach a different conclusion.

During the opening statement the prosecutor made the following remarks:

The defendant is arrested and he is read his Miranda rights, and during the course of those rights as they are read to him, he states, I want a lawyer. So…