ILNews

'Inextricably intertwined' exception appropriate under state constitution

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT