United States v. Khalil Jackson

Summary

Seventh Circuit affirmed sex trafficking, child pornography, and cyberstalking convictions. The court held that even if defendant's statement "I'd rather have a lawyer" invoked his Miranda right to counsel, he immediately reinitiated interrogation by asking "What is there more I can do to help myself?" and subsequently waived his rights knowingly and voluntarily; any error was harmless given overwhelming evidence. The court also held that threatening voicemails left after the crimes were direct evidence of witness intimidation admissible for all charges under Rule 404(b), and the district court did not abuse discretion in denying a limiting instruction.

Holdings

1. The district court did not err because even if Jackson invoked his right to counsel by saying 'I'd rather have a lawyer,' he immediately reinitiated conversation by asking 'What is there more I can do to help myself?' and subsequently waived his rights knowingly and voluntarily. Alternatively, any constitutional error was harmless beyond a reasonable doubt.
2. The district court did not abuse its discretion because the voicemails were direct evidence of witness intimidation and thus not subject to Rule 404(b); the probative value outweighed unfair prejudice.

Questions Presented

1. Whether the district court erred in denying the motion to suppress statements made during the police interview, specifically whether Jackson invoked his right to counsel and whether any invocation was followed by reinitiation and valid waiver.
2. Whether the district court erred in denying a limiting instruction regarding the threatening voicemails, arguing they were inadmissible under Rule 404(b) and unfairly prejudicial under Rule 403.

Disposition

affirmed