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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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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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