Missouri Court of Appeals, Western District / May 29, 2018
State of Missouri vs. Dominque D. Marchbanks
The State of Missouri appealed the circuit court's order granting Dominique Marchbanks's motion to suppress statements made during a police interview regarding a murder. Marchbanks had filed an "Assertion of Rights" while in custody on unrelated charges, prior to the murder interrogation. The appellate court reversed the suppression order, holding that Miranda rights cannot be anticipatorily invoked outside the context of a custodial interrogation, and therefore Marchbanks's written assertion was ineffective.