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. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

ADVERTISEMENT