State v. Holman

Defendant was charged with first-degree murder and armed criminal action. Prior to trial, Defendant filed a motion to suppress statements he made to police after being read his Miranda rights. The trial court sustained the motion, concluding that Defendant’s statement, “I ain’t signing shit without my attorney” was an invocation of his right to counsel. The Supreme Court reversed, holding that Defendant failed to clearly and unequivocally assert his Fifth Amendment right to counsel, and even assuming Defendant’a partially invoked his right to counsel, there was no Fifth Amendment violation when the police questioned Defendant after he refused to sign a consent to search form. View "State v. Holman" on Justia Law