Legal Opinion
Tipton v. Commonwealth
Court of Appeals of Virginia
Decided August 23, 1994No. Record No. 2401-92-2PublishedCited by 21 opinions
1Opinion of the Court
Opinion
MOON, C.J.
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 and the custodial interrogation, the rule of Edwards v. Arizona, 451 U.S. 477, 484-85 (1981), is inapplicable and the…
2Cases cited10 opinions
- Edwards v. ArizonaSupreme Court of the United States · 1981
- Kirby v. IllinoisSupreme Court of the United States · 1972
- Brewer v. WilliamsSupreme Court of the United States · 1977
- United States of America Ex Rel. Miguel A. Espinoza v. J.W. Fairman, WardenCourt of Appeals for the Seventh Circuit · 1987
- Horace Franklin Dunkins, Jr. v. Morris Thigpen, Commissioner of Alabama Department of Corrections, and W.E. Johnson, Warden, Holman UnitCourt of Appeals for the Eleventh Circuit · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. StormCalifornia Supreme Court · 2002
- Quinn v. CommonwealthCourt of Appeals of Virginia · 1997
- State v. WarnessCourt of Appeals of Washington · 1995
- Medley v. CommonwealthCourt of Appeals of Virginia · 2004
- Commonwealth v. ThorntonCourt of Appeals of Virginia · 1997
16 more not listed; retrieve them via the Exa API.