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'Inextricably intertwined' exception appropriate under state constitution

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The Indiana Supreme Court ruled Wednesday that under Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where a different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.

The issue of whether police violate a defendant’s right to counsel if they approach him about an offense different than the one in which he is already being represented by a lawyer came before the high court in Christopher Jewell v. State of Indiana, No. 32S04-1104-CR-200. Christopher Jewell was originally arrested and charged with misdemeanor tattooing a minor for bringing his former stepdaughter to get a tattoo. Jewell retained an attorney to defend the charge. While the charge was pending, the stepdaughter said that she and Jewell had a sexual relationship for three years when she was a minor, while her mother and Jewell were still married. The stepdaughter, with the help of police, made recorded phone calls with Jewell that led to potentially incriminating statements about the sexual misconduct. He was then charged with three counts of sexual misconduct with a minor, one count of child molesting, and two counts of child seduction.

He moved to suppress the incriminating statements, claiming they were obtained in violation of his right to counsel under the Sixth Amendment and Article 1, Section 13 of the Indiana Constitution. The evidence was admitted, and he was found guilty on all six counts and sentenced to 40 years.

The Supreme Court affirmed his convictions and sentence after analyzing the “inextricably intertwined” exception under the Sixth Amendment and Indiana Constitution. After finding that the U.S. Supreme Court has rejected this exception to the offense-specific nature of the Sixth Amendment in favor of a framework based on the Blockberger test for double jeopardy, the justices then looked to see whether it applies under the state constitution.

“In light of our traditional view that Article 1, Section 13 provides broader protection than the Sixth Amendment, we believe the ‘inextricably intertwined’ exception is appropriate under our Constitution. It properly reflects the balance we seek to maintain between society’s legitimate law enforcement needs and a defendant’s right to counsel,” wrote Chief Justice Randall T. Shepard.

The high court applied the test to Jewell’s case and found that the sexual misconduct was not – based on the facts and circumstances known to the detective at the time the stepdaughter called Jewell – closely related to the offense of tattooing a minor as to be inextricably intertwined.
 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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