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MOORE v. BALLONE

No. 80-6584.

658 F.2d 218 (1981)

Curtis J. MOORE, Appellee, v. Gerard BALLONE, Superintendent, Central State Hospital; James P. Mitchell, Virginia State Penitentiary, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 20, 1981.

Attorney(s) appearing for the Case

Robert E. Bradenham, II, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellants.

Robert P. Geary, Richmond, Va. (Geary & Davenport, Harvey Latney, Jr., Richmond, Va., on brief), for appellee.

Before WINTER, RUSSELL and ERVIN, Circuit Judges.

WINTER, Circuit Judge:

Curtis Jasper Moore petitioned for a writ of habeas corpus under 28 U.S.C. § 2254 (1976), alleging that his criminal convictions in a Virginia state court were obtained through the use of evidence procured during a custodial interrogation conducted by the police in violation of his rights under the fifth and sixth amendments to the Constitution. The district court, 488 F.Supp. 798, granted the writ...

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