Legal Opinion

Jewell v. State

Indiana Supreme Court

Decided November 30, 2011No. 32S04-1104-CR-200PublishedCited by 11 opinions

1Opinion of the Court

On Petition to Transfer from the Indiana Court of Appeals, No. 32A04-1003-CR-00187

SHEPARD, Chief Justice.

When a defendant is represented by a lawyer for a particular offense, do the police violate his right to counsel if they approach him about a different offense? Under the Sixth Amendment, the answer is no. We hold that under the broader protections of Article 1, Section 13, of the Indiana Constitution, the right to counsel is violated only where the different offense is inextricably intertwined with the charge on which counsel is already representing the defendant. Nevertheless, we affirm…

2Cases cited33 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brewer v. WilliamsSupreme Court of the United States · 1977
  3. McNeil v. WisconsinSupreme Court of the United States · 1991
  4. Albernaz v. United StatesSupreme Court of the United States · 1981
  5. Maine v. MoultonSupreme Court of the United States · 1985

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3Cited by11 opinions

  1. Chappell v. StateIndiana Court of Appeals · 2012
  2. State v. Prieto-RubioOregon Supreme Court · 2016
  3. Mark Leonard v. State of IndianaIndiana Court of Appeals · 2017
  4. Charles Edward Sweeney, Jr. v. Curtis T. Hill Jr. (mem. dec.)Indiana Court of Appeals · 2019
  5. Kenneth Meer v. State of IndianaIndiana Court of Appeals · 2012

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