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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
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The Attorneys at Dixon & Moseley, P.C.

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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)
  • Summer Parenting Time

    On Behalf of Dixon & Moseley, P.C. | Mar 26, 2024 | Uncategorized

    REMINDER SUMMER PARENTING TIME SELECTIONS DUE BY APRIL 1ST IN INDIANA AND 8 STRATEGIES FOR SELECTION OF SUMMER PARENTING TIME Summer vacation offers a unique opportunity for children and their parents to spend quality time together, but for separated or divorced families, planning can be complex. The Indiana Parenting Time Guidelines, like those in many jurisdictions, aim to ensure that…

    Dividing Businesses, Investments and Real Property in Divorce

    On Behalf of Dixon & Moseley, P.C. | Feb 12, 2024 | Uncategorized

    In the complex world of divorce, high asset cases in Indiana present a unique set of challenges and opportunities. As attorneys focusing in family law at , we’ve seen the impact a well-navigated divorce can have on the future well-being of all involved parties. High asset divorces aren’t just about large sums of money or property; they’re about carefully untangling…

    Demystifying the Indiana Child Support Obligation Worksheet: Expert Insights from Our Attorneys

    On Behalf of Dixon & Moseley, P.C. | Dec 4, 2023 | Uncategorized

    When parents decide to divorce or separate, figuring out the financial dynamics, especially concerning child support, becomes paramount. In Indiana, child support determinations are aided by the Indiana Child Support Obligation Worksheet. Our experienced attorneys have come together to break down the intricacies of this worksheet, offering a clearer perspective for parents navigating this path.   What is the Indiana…

    5 ways co-parents can keep the peace during the holidays

    On Behalf of Dixon & Moseley, P.C. | Nov 16, 2023 | Uncategorized

    The holidays are a time to make lasting memories with your kids. After a divorce or separation, knowing how to celebrate can be challenging, but many co-parents are finding ways to create new traditions and make it a joyous season all the same. Inevitably, the holidays will feel and look a little different for kids and adults, but it doesn’t…

    The Intersection of Family Law and Mental Health

    On Behalf of Dixon & Moseley, P.C. | Oct 19, 2023 | Uncategorized

    In today’s complex world, the interconnected nature of family law and mental health is more apparent than ever. Our law firm, deeply committed to the wellbeing of families in Indiana, continuously seeks to shed light on this pivotal intersection. This article delves into how mental health issues can significantly impact various aspects of family law, including marriage, divorce, child custody,…

    Dividing Fall Break for Shared Custody Families in Indiana

    On Behalf of Dixon & Moseley, P.C. | Oct 5, 2023 | Uncategorized

    Across Indiana, families eagerly anticipate fall break, a great opportunity to spend quality time together. But for families navigating shared custody, dividing this time can pose unique challenges. Striking a balance that ensures a fulfilling and fun break for the children, while also being fair to both parents, requires effective communication and planning. Here’s a guide to help shared custody…

    Misdemeanors vs. Felonies in Indiana: A Comprehensive Breakdown by Our Expert Attorneys

    On Behalf of Dixon & Moseley, P.C. | Oct 5, 2023 | Uncategorized

    Understanding the legal landscape, especially concerning criminal charges, is crucial for anyone facing the Judicial System or simply wanting to be informed. In Indiana, as in many states, criminal offenses are categorized primarily into misdemeanors and felonies. Our experienced attorneys are here to delineate the key distinctions between these two categories, offering a clearer lens through which Indiana residents can…

    Attorneys tell all about protective orders in Indiana

    On Behalf of Dixon & Moseley, P.C. | Aug 15, 2023 | Uncategorized

    Safety and peace of mind are priceless. However, most of us don’t give them a second thought on a day-to-day basis. No one expects to find themselves in a dangerous or potentially harmful situation – but it can happen to anyone. And for those times, the Indiana Civil Protective Order Act is there to help protect you.  It is important…

    I am Getting Divorced in Indiana. How Long is This Going to Take?

    On Behalf of Dixon & Moseley, P.C. | Jul 18, 2023 | Uncategorized

    Understanding the timeline of a divorce process is crucial when you’re planning the next phase of your life. The attorneys at Dixon & Moseley, PC, have worked with numerous clients going through the emotional and logistical complexities of divorce. Many come to us asking: “How long is this going to take?” While it’s not possible to give a definitive answer…

    Considering Divorce: The Big 9 Financial Planning Checklist

    On Behalf of Dixon & Moseley, P.C. | Jun 28, 2023 | Uncategorized

    Considering divorce can be a difficult decision, and one that should not be taken lightly. Apart from the emotional and personal aspects of a divorce, there are also many financial considerations that should be taken into account. Here is a checklist of the big 9 financial planning considerations to keep in mind when considering divorce from a legal perspective. 1.…

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