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Dixon & Moseley | Attorneys At Law
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    • Julie C. Dixon
    • Alexander Moseley
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  5. Breaking News, What You Need To Know: Court Of Appeals Denies Motion To Suppress In Domestic Violence Case

Breaking News, What You Need To Know: Court Of Appeals Denies Motion To Suppress In Domestic Violence Case

On Behalf of Dixon & Moseley, P.C. | Jul 16, 2019 | Appellate Practice, Criminal Law, Indiana Court of Appeals

Most of us have heard the term Miranda warning at some point in our lives, but what are Miranda warnings? When do they matter? In a nutshell, Miranda warnings come into play when an individual is taken into police custody. Police are to give an individual his or her Miranda warnings before interrogating the individual. Miranda warnings, such as the right to remain silent, are designed to put an individual on notice of his or her Constitutionally protected rights. Failure to give an individual their Miranda warnings can result in an exclusion of any criminal statements made by the individual. But, as the Court of Appeals recently pointed out in Hudson v. State1, every situation is fact sensitive, requiring a case by case analysis. This key case is the focus of this blog post.

In Hudson, the defendant was appealing the trial court’s decision to deny his motion to suppress evidence of statements made to a police officer, arguing that he should have been read his Miranda rights. The relevant facts are as follows. Officer Wright received a call that a domestic disturbance was occurring between a divorced couple and that the ex-husband possibly had a gun. Upon arriving at the scene, Officer Wright put the ex-husband, Hudson, in handcuffs to de-escalate the situation. A witness at the scene told Officer Wright that Hudson and his ex-wife had gotten into an argument. When the daughter tried to intervene, Hudson pushed her out of the way, causing her to fall to the ground. Officer Wright then learned from the daughter that Hudson proceeded to go to his vehicle, pull out a handgun and cock it. Officer Wright looked in the vehicle and saw an empty holster. Officer Wright then read Hudson his Miranda warnings and asked Hudson where the gun was. Hudson told him, and Hudson was subsequently arrested and charged with felony intimidation.

At the trial, Hudson filed a motion to suppress, arguing that his statements made to the officer before he was read his Miranda warnings should be suppressed. The trial court denied the motion and Hudson appealed. On appeal, the Court recognized that putting Hudson in handcuff’s constituted “custody” for Miranda purposes. However, the Court did not believe Hudson was “interrogated” by Officer Wright before he was read his Miranda warnings. Instead, Officer Wright’s questions, according to the Court, “amounted to an inquiry into the facts of the situation,” and as such, did not require Miranda warnings. In upholding the denial of the motion to suppress, the Court pointed out that Officer Wright was informed that there may be a gun at the scene of the dispute. Therefore, asking the whereabouts of the gun, without asking specific details about the gun, were simply “general, on the scene questioning as to facts surrounding a crime.”

This case highlights the importance of staying up to date on the ever-changing legal landscape. Knowing the status of developments in the law is the key to avoiding criminal liability, as well as being an engaged citizen in our participatory system of government. This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle criminal defense cases and appeals of criminal convictions throughout the state. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Joseph C. Hudson v. State of Indiana, 18A-CR-2628 (Ind. Ct. App. 2019)
  • How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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