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.

Most Read This Week

June 25, 2015 4372

Accused Synthetic Drug Traffickers Remain in U.S.…

by Doreen Dennis, SurfKY News
June 29, 2015 4188

UPDATE: Victim of Home Invasion/Homicide Died of…

by SurfKY News
June 28, 2015 3320

'Curb Service’ at Local Eatery Ends with DUI…

by Doreen Dennis, SurfKY News
June 29, 2015 3208

Alleged Breast Display Ends in Domestic Assault…

by SurfKY News
June 25, 2015 3138

Fundraiser Planned for Family of Trooper Eric…

by SurfKY News

Most Read This Month

June 24, 2015 44710

Western Kentucky, Southern Indiana's Largest…

by Doreen Dennis, SurfKY News
June 19, 2015 11175

Hopkins County Health Department Food Scores Thru…

by Barry Franklin

Stories Trending Now

June 29, 2015 3084

Accused Synthetic Marijuana Traffickers Appear in…

by Doreen Dennis, SurfKY News
June 30, 2015 2652

Earlingman Faces Multiple Charges after Alleged…

by SurfKY News
June 30, 2015 1125

Hope2All Food Bank Opens in Drakesboro

by Tammy Holloway, SurfKY News
June 30, 2015 1030

KRS Accounting Fraud Created Pension Crisis

by Dr. William F. Smith
June 30, 2015 899

Madisonville Police Arrest Reports Released -…

by SurfKY News
June 30, 2015 782

Another ‘Welcomed’ Sign

by Rita Dukes Smith, SurfKY News Director
June 30, 2015 692

Hopkins County Sheriff's Reports Released

by SurfKY News
June 30, 2015 679

UofL School of Dentistry Ranked No. 2 in the…

by UofL Health Sciences News
June 29, 2015 556

Muhlenberg Allstars 9-10 Fall to Warren North

by Mike Groves, SurfKY News
June 30, 2015 502

PSC Approves Settlement in KU, LG&E Rate Cases

by Andrew Melnykovych