Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Holman

Supreme Court of Missouri, En Banc

December 6, 2016

STATE OF MISSOURI, Appellant,
v.
DAVID K. HOLMAN, Respondent.

         Appeal From Circuit Court of Lawrence County Honorable Jack A.L. Goodman, Judge.

          GEORGE W. DRAPER III, JUDGE

         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 whether to sustain Defendant's motion to suppress, the trial court took into consideration the stipulated facts as presented by the attorneys in the case, two depositions, and a police report. There was no live testimony. The facts as presented demonstrated:

         In the early morning hours of December 10, 2013, it was asserted that RaDonna Roland (hereinafter, "Wife") shot Defendant in the back of the arm. Defendant fatally shot Wife and thereafter, called 911.

         Deputies Ryan Devost (hereinafter, "Deputy Devost") and Michael Thorn (hereinafter, "Deputy Thorn") were dispatched to Defendant's home. Upon arrival, the deputies knocked on the door, and Defendant told them to come inside. Inside, Deputy Devost performed a security sweep of the premises while Deputy Thorn attended to Wife. Deputy Devost handcuffed Defendant and took him to the patrol car.

         After paramedics arrived, they first attempted to treat Wife. Deputy Thorn moved Defendant into the ambulance so that he could receive treatment. Defendant was emotional, upset about Wife, and repeating that he could not believe he shot her. Deputy Devost informed Defendant of his Miranda[2] rights. Defendant continued speaking to Deputy Devost, stating that he could not believe there was not more being done for Wife, that he could not believe Wife shot him, and explaining that he should not have shot Wife but rather should have run away. Deputy Devost requested Defendant sign a consent to search form to search his home. Defendant responded, "I ain't signing shit without my attorney."

         Other detectives arrived at the scene. Deputy Devost informed them that Defendant was "in custody. He's been read Miranda. He's refused to sign a search without his attorney." Deputy Devost then departed the scene. Defendant was transported to the hospital for treatment. After being discharged from the hospital, Defendant was taken to the Lawrence County jail.

         The next morning, Detective Linda McElroy (hereinafter, "Detective McElroy") questioned Defendant. Detective McElroy read Defendant his Miranda rights and asked if he understood them. Defendant indicated he understood his rights, and he spoke with Detective McElroy. Subsequently, Defendant was charged with first-degree murder, section 565.020, and armed criminal action, section 571.015.

         Prior to trial, Defendant brought this motion to suppress statements he made after being read his Miranda rights. The trial court sustained his motion, concluding that after Defendant stated that "I ain't signing shit without my attorney, " he had invoked his right to counsel. The state appeals.

         Standard of Review

         This Court will reverse a trial court's ruling on a motion to suppress only if it is clearly erroneous. State v. Sund, 215 S.W.3d 719, 723 (Mo. banc 2007). To find clear error, this Court must be "left with a definite and firm belief a mistake has been made." State v. Bell, 488 S.W.3d 228, 238 (Mo. App. E.D. 2016) (quoting State v. Haldiman, 106 S.W.3d 529, 533 (Mo. App. W.D. 2003)). Whether conduct violates the Fifth Amendment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.