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COM. v. FERGUSON

Record No. 081645.

677 S.E.2d 45 (2009)

COMMONWEALTH of Virginia v. Michael Ray FERGUSON, Jr.

Supreme Court of Virginia.

June 4, 2009.

Attorney(s) appearing for the Case

Josephine F. Whalen, Assistant Attorney General II (Robert F. McDonnell, Attorney General, on brief), for appellant.

Glenn L. Berger (Berger & Thornhill, on brief), Altavista, for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and GOODWYN, JJ., and LACY, S.J.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether statements made by Michael Ray Ferguson ("Ferguson") during a custodial interrogation should have been suppressed because of police failure to honor his invocation of the right to counsel.

I. Facts and Proceedings Below

On July 27, 2005, Pittsylvania County Deputy Sheriff Kenneth Glass responded to a report of a residential burglary and received a description of a vehicle seen...

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