Friday, January 30, 2015
Davis Motor Sales banner ad
Posted on 2/2/14

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 by using one of the social media links below.

2/6/2014 - posted
3/13 - 16
2/6/2014 - posted
3/13 - 16

Most Read This Week

January 28, 2015 17005

UPDATED: Several Involved in Two-Vehicle Accident

in Local (Hopkins) Top News by Doreen Dennis, SurfKY News
January 26, 2015 7228

KSP Arrests Two on Child Porn Charges; MPD…

in Top News For All Sites Touching Hopkins by Trooper Stu Recke
January 25, 2015 7041

Dean’s List Announced

in Top News For All Sites Touching Hopkins by Joyce Riggs
January 28, 2015 6417

Nortonville Man Accused of Meth Possession,…

in Local (Hopkins) Top News by Madisonville Police Department/Hopkins County Detention Center
January 26, 2015 4959

School Board Votes 3-2 for Utility Tax

in Local (Muhlenberg) Top News by Charles W. Riley II, SurfKY News
January 29, 2015 4775

Man Charged with Sexual Abuse of Child

in Local (Hopkins) Top News by Doreen Dennis, SurfKY News
January 25, 2015 4565

Juvenile Hit by Vehicle at McDonald's

in Local (Muhlenberg) Top News by GPD Officer Wes Miller
January 28, 2015 4411

Tax Recall Committee Formed Day After School…

in Local (Muhlenberg) Top News by Charles W. Riley II, SurfKY News

Most Read This Month

January 08, 2015 22097

Woman Claiming to be 'Lady Gaga' Tours Town in…

in Top News For All Sites by Madisonville Police Department
January 15, 2015 21753

UPDATE: Fatality Victim's Name Officially Released

in Top News For All Sites by Doreen Dennis, SurfKY News

Stories Trending Today

January 29, 2015 4775

Man Charged with Sexual Abuse of Child

in Local (Hopkins) Top News by Doreen Dennis, SurfKY News
January 29, 2015 2923

UPDATE - Students Have until Jan. 31 to Enter…

in General News For All Sites by James R. Comer
January 29, 2015 1553

Group Organizing Prayer Circle for Youth

in Local (Hopkins) Top News by Doreen Dennis, SurfKY News
January 29, 2015 1417

Kentucky Highway Crews Prepare for Possible…

in Top News For All Sites by Keith Todd
January 29, 2015 1272

Hopkins County Sheriff's Reports Released

in Hopkins News by Hopkins County Sheriff's Office
January 29, 2015 1252

Hopkins County Health Department Food Scores Thru…

in Hopkins News by Barry Franklin
January 29, 2015 1186

Madisonville Police Arrest Reports - Jan. 29, 2015

in Hopkins News by Madisonville Police Department
January 29, 2015 1127

Probation and Parole Violators - January 29, 2015

in Video by Crime Stoppers
January 29, 2015 933

Keystone Approval Will Boost the Economy, Support…

in General News For All Sites by Robert Steurer
January 29, 2015 876

Protect Your Sensitive Information from Hackers

in General News For All Sites by SurfKY News
January 29, 2015 852

Revive the Art of Letter-Writing

in General News For All Sites by SurfKY News
January 29, 2015 834

Whitfield Meets with Fort Campbell Soldiers

in General News For All Sites by Marty Irby