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 17,683.58
-46.53 (-0.26%)    
2 S&P 2,068.76
-8.02 (-0.39%)    
3 NASDAQ 4,991.94
-17.27 (-0.34%)    
3/13 - 16

Most Read This Week

July 02, 2015 15283

Emergency Response Team on Scene of Standoff on…

by Doreen Dennis, SurfKY News
July 02, 2015 7831

Police: Stand Off Suspect in Critical Condition

by Doreen Dennis, SurfKY News
June 29, 2015 4579

Accused Synthetic Marijuana Traffickers Appear in…

by Doreen Dennis, SurfKY News
July 03, 2015 3817

KMA Reminds Motorists of New Kentucky Red Light…

by David Holt
June 30, 2015 3628

Earlington Man Faces Multiple Charges after…

by SurfKY News

Most Read This Month

June 24, 2015 45773

Western Kentucky, Southern Indiana's Largest…

by Doreen Dennis, SurfKY News
July 02, 2015 15283

Emergency Response Team on Scene of Standoff on…

by Doreen Dennis, SurfKY News

Stories Trending Now

July 05, 2015 1502

Hopkins County Traffic Advisory

by Keith Todd
July 05, 2015 1466

More Dental Patients Using ER in Kentucky

by Al Cross
July 06, 2015 1445

Man Accused of Choking Girlfriend, Threatening to…

by SurfKY News
July 05, 2015 1253

4th Fest Ends with ‘a Bang’ of Music, Fireworks

by Tammy Holloway, SurfKY News
July 04, 2015 1043

Recycling Equals Fun During iRecycling Regatta

by Tammy Holloway, SurfKY News
July 05, 2015 770

Study: One Dose of HPV Vaccine Effective

by Melissa Patrick
July 05, 2015 744

Legislator's Log - Week of July 5, 2015

by Brent Yonts
July 05, 2015 712

July 4 Saturday on the Square Features Patriotic…

by Mike Groves, SurfKY News
July 05, 2015 642

Hopkins Ham Radio Operators Link to World

by Doreen Dennis, SurfKY News