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GARCIA v. LONG

No. 13-57071.

808 F.3d 771 (2015)

Francisco Alaniz GARCIA, Petitioner-Appellee, v. David LONG, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 2015.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General of California, Julie L. Garland , Senior Assistant Attorney General, Kevin Vienna , Supervising Deputy Attorney General, Jennifer A. Jadovitz (argued), Deputy Attorney General, San Diego, CA, for Respondent-Appellant.

Hilary Potashner , Acting Federal Public Defender, Margo A. Rocconi (argued), Deputy Federal Public Defender, Los Angeles, CA, for Petitioner-Appellee.

Before: RAYMOND C. FISHER and JAY S. BYBEE, Circuit Judges, and ELIZABETH E. FOOTE, District Judge.

OPINION

Francisco Alaniz Garcia was brought into the police station for questioning about allegations that he had sexually molested his granddaughter. After reading Garcia his Miranda rights and confirming that Garcia understood those rights, the interrogating officer asked, "now having [those rights] in mind...

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