Opinion
handed down December 6, 2016
After fatally shooting his wife, David
Holman (“Defendant”) was read his Miranda
rights and proceeded to talk with law enforcement officials, giving
incriminating statements.[1]
Only when asked to sign a search consent
form to his home, did Defendant state, “I ain’t signing shit without my
attorney.”[2]
On interlocutory appeal, the Supreme
Court of Missouri held that the Defendant did not clearly and unequivocally
invoke his Fifth Amendment right to counsel after being read his Miranda rights and reversed the decision
of the lower court.[3]