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

e-max.it: your social media marketing partner

LIKE SurfKY on Facebook - Click here to LIKE us now.

© 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 18,042.94
-189.08 (-1.04%)    
2 S&P 2,103.97
-22.09 (-1.04%)    
3 NASDAQ 5,024.33
-65.04 (-1.28%)    
3/13 - 16

Most Read This Week

May 22, 2015 7274

Madisonville Man Charged with First-Degree Rape

by SurfKY News
May 23, 2015 6888

Missing 5-Year-Old Boy Found

by Doreen Dennis, SurfKY News
May 20, 2015 3547

Pennyrile Forest State Resort Park Holding Beach…

by Gil Lawson
May 21, 2015 3288

Police Charge Madisonville Man with Harassing…

by SurfKY News
May 25, 2015 3117

Can Sunscreen Save Your Life?

by Melissa Patrick

Most Read This Month

May 15, 2015 10716

New Madisonville Business In Full Operation Soon

by Tammy Holloway, SurfKY News
May 15, 2015 7514

Investigation of Local Barber Shop Leads to Drug…

by SurfKY News

Stories Trending Now

May 25, 2015 3117

Can Sunscreen Save Your Life?

by Melissa Patrick
May 25, 2015 1803

Hopkins Man Injured in Muhlenberg Motorcycle…

by SurfKY News
May 25, 2015 1781

UPDATE - MPD Seeks Three in Residential Robbery

by SurfKY News
May 25, 2015 1060

Damascus Road House Leads Young People to Christ

by Tammy Holloway, SurfKY News
May 25, 2015 959

Seniors Celebrate with Cook-out, Games, Fellowship

by Tammy Holloway, SurfKY News
May 25, 2015 708

Muhlenberg District Court Fines Handed Down

by Charles W. Riley II, SurfKY News
May 25, 2015 658

Deep in the Brain: Why Some Smokers Can Quit

by Melissa Patrick
May 25, 2015 633

Advice from Caregiver Offered during Brain Cancer…

by Samantha Carver, SurfKY News
May 25, 2015 546

New State Police Cadets Report for Training

by Stu Recke
May 25, 2015 512

Wounded Warrior Returns to UK for Journalism…

by Rebecca Stratton, Jenny Wells, Blair Hoover, Elizabeth Baunach