ILNews

7th Circuit ends use of inextricable intertwinement doctrine

Back to TopE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to inextricable intertwinement is unavailable when determining a theory of admissibility.

Jamarkus Gorman challenged his perjury conviction after testifying falsely before a grand jury. Gorman’s brother was the subject of drug trafficking and money laundering investigations. Police learned his brother had a Bentley and wanted to seize it as proceeds of the brother’s illegal drug activity. Police met with Gorman at his gated condominium complex and asked if he knew of the Bentley and whether it was stored in the condominium complex’s garage. Gorman said he didn’t know of a Bentley, and lied to police about which parking spots in the garage he owned. After police left because they didn’t see the Bentley, Gorman had several people help him tow the car out of the garage and abandon it. They also pried open the trunk which contained money used to pay accomplices.

When testifying before the grand jury as part of the indictment process for the money laundering charges, Gorman said he never had a Bentley in his garage. Before his perjury trial, the District Court admitted certain witness statements about the car theft and his retrieving money out of the trunk. The District Court concluded the evidence was admissible under the inextricable intertwinement doctrine.

In United States of America v. Jamarkus Gorman No. 09-3010, the Circuit Court spent time analyzing the admission of the evidence and overruled its prior line of cases that allowed for admission using the inextricable intertwinement doctrine.

“There is now so much overlap between the theories of admissibility that the inextricable intertwinement doctrine often serves as the basis for admission even when it is unnecessary,” wrote Judge Michael Kanne. “Thus, although this fine distinction has traditionally existed, the inextricable intertwinement doctrine has since become overused, vague, and quite unhelpful.”

They found the District Court didn’t need to resort to the inextricable intertwinement doctrine to admit the evidence. Even though it was admitted using that doctrine, it made no practical difference to the outcome of admissibility. The judges found the evidence was properly admitted as direct evidence instead and the probative value of that evidence was not substantially outweighed by any unfair prejudicial effect on Gorman.

They also found a little merit in Gorman’s argument that he never “had” the Bentley because he didn’t own it, so he couldn’t have lied on the stand.

“We agree initially with Jamarkus that “to have” has more than one meaning,” wrote Judge Kanne. “But what Jamarkus ignores is that our precedent dictates that even when a question or answer is ambiguous, a conviction may still be upheld if a jury has been called upon ‘to determine that the question as the defendant understood it was falsely answered….’”

There was ample evidence of conduct that is consistent with Gorman’s possession of the Bentley, including his storage of the vehicle and implicit claims he owned the car.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

ADVERTISEMENT