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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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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)
  • Comprehensive Appeal Services: We Handle It All

    On Behalf of Dixon & Moseley, P.C. | Nov 25, 2025 | Uncategorized

    When it comes to navigating the appellate process, having a law firm that can manage every detail from start to finish is crucial. Appeals are far more complex than many realize, and they require an experienced team that can take care of all aspects of the case, ensuring nothing is overlooked. At our firm, we pride ourselves on providing comprehensive…

    What is an LLC and Should I Have One

    On Behalf of Dixon & Moseley, P.C. | Nov 6, 2025 | Uncategorized

    Starting a business is an exciting endeavor, but deciding how to structure that business can be overwhelming. One of the most popular business structures for business owners today is the Limited Liability Company (LLC). Whether you’re just starting out or thinking about restructuring an existing business, understanding the benefits of forming an LLC can help you make an informed decision…

    Can I use AI to Solve Legal Issues/Represent Me?

    On Behalf of Dixon & Moseley, P.C. | Oct 22, 2025 | Uncategorized

    Artificial Intelligence is now entering many parts of our lives, sparking conversations around the globe. Its influence is seen in various fields, from generating digital artwork and optimizing logistics routes to now making inroads into the legal sector. While many appreciate AI as a valuable resource or a source of inspiration, it cannot substitute for experienced attorneys who grasp the…

    [nap_names id="FIRM-NAME-1"] Attorneys Included On 2025 Indiana Super Lawyers And Rising Stars Lists

    On Behalf of Dixon & Moseley, P.C. | Feb 20, 2025 | Uncategorized

    Dixon & Moseley is pleased to announce that two attorneys were included on the 2025 Indiana Super Lawyers and 2025 Rising Stars lists. Julie C. Dixon has been selected to the 2025 Indiana Super Lawyers list for Family Law. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super…

    What is a Gray Divorce in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Feb 5, 2025 | Uncategorized

    Gray divorce is a term that refers to divorce of couples that are 50 or older. Gray divorces have become increasingly common since the 1990s. A gray divorce could come from couples with a long-term marriage, a late-in-life first-time marriage, or who are in subsequent marriages. Each gray divorce, like all marriages and divorces, presents their own unique challenges when…

    The Divorce Process: What to Expect

    On Behalf of Dixon & Moseley, P.C. | Jan 8, 2025 | Uncategorized

    The divorce process can be a very stressful, confusing, and emotional time in anyone’s life. During a divorce many important and potentially contentious issues, like dividing property and child custody, will be decided. With everything that goes on during a divorce, questions can arise about what to expect while going through the process. While it’s important to know every divorce…

    The Impact of Social Media on Family Law

    On Behalf of Dixon & Moseley, P.C. | Jan 8, 2025 | Uncategorized

    Divorces and child custody disputes can raise a lot of questions, especially regarding social media. A common question is “can my ex use my social media posts in court?” In short, yes. We all know actions on social media can have real life consequences and that can extend into your family law case. Social media posts have become a common…

    Depositions: What to Expect and What to Know

    On Behalf of Dixon & Moseley, P.C. | Dec 11, 2024 | Uncategorized

    When in the discovery phase of your trial, you may be called for a deposition. A deposition is used as a part of the discovery process and has the potential to be used at trial. A deposition is a witness’s sworn out-of-court testimony. In a deposition, you will be put under oath and the opposing party’s attorneys will ask you…

    Five Tips to Prepare You For Your Next Hearing

    On Behalf of Dixon & Moseley, P.C. | Dec 9, 2024 | Uncategorized

    Whether it is your first time, or your hundredth time, going to court can be a stressful experience. If it is your first time, it’s natural to be nervous about what to expect and to want to be prepared for your day in court. Many unexpected things can come up in court so it’s best to be as prepared as…

    Can I Get Visitation with My Grandchildren After Their Parents’ Divorce?

    On Behalf of Dixon & Moseley, P.C. | Oct 2, 2024 | Uncategorized

    Divorce can be a complicated journey, filled with tough decisions about custody, finances, and even who gets to keep the family pet. However, one critical aspect often overlooked is the impact of divorce on grandparent visitation rights. How will grandparents maintain their cherished relationships with their grandchildren once the dust settles? In Indiana, the Grandparent Visitation Act (IC §31-17-5-1) provides…

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