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7th Circuit ends use of inextricable intertwinement doctrine

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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.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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