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Dixon & Moseley | Attorneys At Law
  • Home
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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)
  • Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

    What Does the Indiana Court of Appeals Review (and What It Won’t)?

    On Behalf of Dixon & Moseley, P.C. | Mar 11, 2026 | Uncategorized

    If you’re thinking about an appeal in Indiana, one of the most important — and most misunderstood — questions is what the Indiana Court of Appeals will actually review. Many people assume an appeal is a “do‑over” of the trial. It is not. The Indiana Court of Appeals has a limited role, and understanding that role early can help set…

    Indiana Criminal Appeals: How to Appeal a Conviction in Indiana

    On Behalf of Dixon & Moseley, P.C. | Mar 5, 2026 | Uncategorized

    A criminal conviction in Indiana does not always mark the end of the road. In many cases, defendants have the right to pursue a criminal appeal in Indiana and ask a higher court to review whether legal errors affected the outcome of their case. Understanding how Indiana criminal appeals work, and acting quickly, can be critical to protecting your rights.   What Is a…

    Who Is Entitled to Parenting Time During Spring Break in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Feb 26, 2026 | Uncategorized

    Spring break is a highly anticipated time for children—but for divorced or separated parents, it often raises important legal questions. One of the most common questions Indiana family law attorneys hear is: Who gets parenting time during spring break in Indiana? Ultimately, the answer to this question is fact specific. However, generally speaking, the answer can be found in your…

    Appealing Summary Judgment in Indiana: What Works (and What Doesn’t)

    On Behalf of Dixon & Moseley, P.C. | Feb 24, 2026 | Uncategorized

    Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate practice. This can leave many with a multitude…

    What Are the Indiana Parenting Time Guidelines?

    On Behalf of Dixon & Moseley, P.C. | Feb 22, 2026 | Uncategorized

    When parents separate or divorce in Indiana, one of the most important and emotional issues to resolve is parenting time. Indiana courts rely on the Indiana Parenting Time Guidelines to create fair, consistent schedules that support children’s well-being and maintain strong relationships with both parents. If you’re navigating a custody case, understanding how these Guidelines work can help you make…

    Military Divorce in Indiana: What Service Members Should Know

    On Behalf of Dixon & Moseley, P.C. | Feb 17, 2026 | Uncategorized

    Divorce is never easy, and when one spouse is a member of the military, the process involves additional legal layers at both the federal and state level. If you’re a service member (or married to one) considering divorce in Indiana, it’s important to understand how military status affects jurisdiction, benefits, property division, child custody, and more.(Divorce in Indiana) 1. Filing…

    Stepparent Adoption in Indiana: Legal Steps for Blended Families

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

    Blended families are increasingly common, and for many stepparents in Indiana, adoption is a meaningful way to solidify an already strong parent-child bond. Stepparent adoption provides legal security, emotional stability, and clarity for the entire family—but it also comes with specific legal requirements that must be handled carefully. Below is a clear, practical overview of how stepparent adoption works in…

    How Long Does a Father Have to File for Paternity in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Feb 5, 2026 | Uncategorized

    If you’re a father who isn’t married to your child’s mother at the time of the child’s birth, establishing paternity is one of the most important legal steps you can take. Paternity affects custody, parenting time, child support, inheritance rights, and even access to medical information. A common question we hear is how long do I have to file for…

    How Retirement Accounts Are Divided in an Indiana Divorce

    On Behalf of Dixon & Moseley, P.C. | Feb 3, 2026 | Uncategorized

    One of the most stressful—and often misunderstood—parts of a divorce is what happens to retirement accounts in a divorce. For many people, their 401(k), pension, or IRA is the largest asset they own besides their home. The thought of splitting it with their soon to be former spouse can feel overwhelming. Understanding how Indiana courts divide retirement accounts can help…

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