Davis Motor Sales banner ad

office att general

FRANKFORT, Ky. (7/25/13) – Attorney General Jack Conway and his Office of Criminal Appeals have asked the United States Supreme Court to review the Kentucky Supreme Court's decision in the case of N.C. A Child Under Eighteen v. Commonwealth.
 
In the April 25, 2013 decision, the state Supreme Court held that students must be read their Miranda rights when questioned by a school administrator in the presence of a school resource officer when criminal activity might be discovered. The Attorney General's Office sent the Petition for Writ of Certiorari to the U.S. Supreme Court on July 23, 2013.
 
In 2009, after a Nelson County High School teacher found a prescription pill bottle for hydrocodone in the boys' bathroom belonging to a student, a juvenile referred to as "N.C.," the school's assistant principal questioned "N.C." about the incident in the presence of the school resource officer. "N.C" told the assistant principal he had given some of the hydrocodone to another student, which resulted in his expulsion from school and charges of possession and distribution of a controlled substance in Nelson County Juvenile Court.
 
On April 25, 2013, the Kentucky Supreme Court reversed two lower court rulings in Nelson District and Circuit Courts holding that N.C. was not in custody for Miranda purposes, and therefore, there was no requirement that he be read his rights. The Kentucky Court of Appeals denied discretionary review of the matter.
 
The Office of the Attorney General is asking the U.S. Supreme Court to review the decision for the following reasons:
 
• State appellate courts are divided over this issue. States that hold Miranda warnings are required include Georgia, North Carolina, and now Kentucky. States that hold Miranda warnings are not required include South Carolina, Virginia, Florida, Texas, Tennessee, New York, New Mexico, and Louisiana.
 
• The issue presented is recurring and important as the use of law enforcement officers as a resource in the school setting has become widespread over the last 20 years.
 
• The Attorney General's Office maintains that the Kentucky Supreme Court's decision was in error and that school administrators are not required to advise students of their Miranda rights, merely because a school resource officer may be present, when they are investigating school-related issues.
 
SurfKY News
Information provided by the Office of Attorney General

© Copyright 2015 SurfKY News Group, Inc. All rights reserved. This material may not be published, broadcast, or rewritten without permission. SurfKY News encourages you to share this story on social media.

Posted on 2/2/14
3/13 - 16
1 DOW 18,288.63
+155.93 (0.86%)    
2 S&P 2,117.39
+12.89 (0.61%)    
3 NASDAQ 5,008.10
+44.57 (0.90%)    
3/13 - 16

Most Read This Week

February 25, 2015 7453

Multi-Agency Investigation Nets Large-Scale Meth…

in Top News For All Sites by Trooper Stu Recke
February 24, 2015 7296

Two Charged in Central City Meth Bust

in Local (Muhlenberg) Top News by Trooper Stu Recke
February 22, 2015 7138

Easter Cuties Pageant in Memory of Shanice Bean

in Top News For All Sites Touching Hopkins by Tammy Holloway, SurfKY News
February 25, 2015 6117

New Asian Restaurant Coming to Madisonville

in Local (Hopkins) Top News by Gary Gates, SurfKY News
March 02, 2015 5333

Madisonville Teen Faces Numerous Drug Charges

in Local (Hopkins) Top News by Madisonville Police Department/Hopkins County Detention Center
February 23, 2015 5017

Fire Departments Respond to Wester's Body Shop

in Local (Muhlenberg) Top News by Shawn Freels

Most Read This Month

February 12, 2015

UPDATE: Name of Pennyrile Fatality Officially…

in Top News For All Sites Touching Hopkins by Doreen Dennis, SurfKY News
February 09, 2015

Police Pursue Man after Fight at Taco Bell

in Local (Hopkins) Top News by Madisonville Police Department/Hopkins County Detention Center

Stories Trending Today

March 02, 2015 5333

Madisonville Teen Faces Numerous Drug Charges

in Local (Hopkins) Top News by Madisonville Police Department/Hopkins County Detention Center
March 01, 2015 1722

HCCHS Student Has Unique Eye for Art

in Local (Hopkins) Top News by Amber Averitt, SurfKY News
March 01, 2015 1528

4H Penguin Plunge Draws Hundreds to Poolside

in Local (Muhlenberg) Top News by Paul McRee, SurfKY News
March 01, 2015 1160

Dave Says - March 1, 2015

in General News For All Sites by Dave Ramsey
March 01, 2015 1147

Whitfield Meets with American Financial Services…

in General News For All Sites by Robert Hankins
March 01, 2015 1119

Legislator's Log - Week of March 1, 2015

in General News For All Sites by Brent Yonts
March 01, 2015 1084

Libraries’ Drawing Contest Begins March 2

in Local (Muhlenberg) Top News by Amie Waltrip
March 01, 2015 1077

West Broadway Vendor Event, Tag Sale Planned

in Local (Hopkins) Top News by Tammy Holloway, SurfKY News
March 01, 2015 1071

Kentucky Offers Tax Credit to Small Business…

in General News For All Sites by Joe Hall
March 01, 2015 1032

Outdoor Truths - March 1, 2015

in General News For All Sites by Gary Miller