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TIPTON v. COM.

Record No. 2401-92-2.

447 S.E.2d 539 (1994)

Jonathan Uriel TIPTON, v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 23, 1994.

Attorney(s) appearing for the Case

Michael HuYoung (Jane Chittom; Shuford, Rubin & Gibney, on brief), for appellant.

Kathleen B. Martin, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and FITZPATRICK, J., and HODGES, Retired Judge.

MOON, Chief Judge.

Jonathan Uriel Tipton was convicted of statutory burglary, grand larceny, and petit larceny. The issue on appeal is whether the police could re-initiate an interrogation of Tipton upon arrest, when twelve days earlier, a non-custodial interrogation was halted when Tipton said he wanted a lawyer. We hold that because the initial interrogation was not custodial and, additionally, a sufficient break in time occurred between the non-custodial interrogation...

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