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GRUENINGER v. DIR., VIRGINIA DEPT. OF CORRECTIONS

No. 14-7072.

813 F.3d 517 (2016)

Eric Adam GRUENINGER, Petitioner-Appellant, v. DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 9, 2016.

Attorney(s) appearing for the Case

ARGUED: Michael Allen McIntosh , Skadden, Arps, Slate, Meagher & Flom, LLP, Washington, D.C., for Appellant. Steven Andrew Witmer , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Mark R. Herring , Attorney General of Virginia, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Affirmed in part, reversed in part, and remanded by published opinion. Judge HARRIS wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

In 2009, Virginia police arrested Eric Adam Grueninger for sexually abusing his fourteen-year-old daughter. During his first interview with the police investigator, Grueninger was read his Miranda rights and said, "I need an attorney." Three days later, the investigator re-interviewed him without an attorney...

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