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Wednesday, November 30, 2011

Ind. Decisions - Supreme Court decides one today

In Jewell v. State, a 16-page, 5-0 opinion, Chief Justice Shepard writes:

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 the judgment of the trial court.

Posted by Marcia Oddi on November 30, 2011 01:36 PM
Posted to Ind. Sup.Ct. Decisions