VAIDIK, J.
Christopher Jewell appeals his convictions and aggregate forty-year term for six counts of sexual misconduct and child molesting. Jewell was arrested and charged for another alleged offense not at issue here. He posted bond and secured counsel. While that charge was pending, law enforcement enlisted the victim in this case to call Jewell and elicit incriminating statements relating to his sexual misconduct. The calls were recorded. Jewell was charged thereafter with the instant sex offenses, and Jewell’s recorded statements were introduced against him at trial. Jewell argues that the statements were procured and admitted in violation of his federal and state constitutional rights to counsel. We conclude that Jewell’s statements were not obtained unconstitutionally. The right to counsel is offense-specific and attaches only after adversarial judicial proceedings have commenced. Although Jewell had been charged and had hired counsel in an unrelated case, he had not been charged with the present crimes when the subject phone calls took place. Accordingly, Jewell’s right to counsel for this proceeding had not attached, and the investigatory phone calls were permissible.
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The United States Supreme Court has since clarified, however, that the Sixth Amendment right to counsel does not attach to uncharged crimes even when they factually relate to offenses for which formal proceedings have been initiated. Texas v. Cobb, 532 U.S. 162, 168 (2001). In order for the Sixth Amendment right to counsel to attach to a second, uncharged offense, that crime must qualify as the “same offense” as an already-pending charge under the test set forth for double jeopardy purposes in Blockburger v. United States, 284 U.S. 299 (1932). Cobb, 532 U.S. at 173. The relevant inquiry is “whether each provision requires proof of a fact which the other does not.” Id. (quoting Blockburger, 284 U.S. at 304). If each offense requires proof of at least one uncommon element, then the offenses are not the same and the right to counsel has not attached to the uncharged crime. See id. at 174.
We conclude that Jewell’s statements were not procured or admitted in violation of his Sixth Amendment right to counsel. Jewell was first arrested and charged with helping T.S. get a tattoo. He posted bond and retained counsel. Soon thereafter, Detective Judy enlisted T.S. to call Jewell on the phone and elicit incriminating statements about their sexual relationship. Jewell had not been charged for any sex offenses at the time the phone calls were placed. In line with the foregoing, we conclude that Jewell’s right to counsel had not attached to the subject sex offenses at the time law enforcement procured his incriminating statements, as adversarial proceedings had not been initiated with respect to those offenses. Although Jewell had been charged with helping T.S. get a tattoo, aiding in the tattooing of a minor was clearly not the “same offense” as any of the subject sex crimes under the Cobb/Blockburger test.
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. . . [W]e are aware of no Indiana precedent indicating that the [Indiana Constitution Article I, ]Section 13 right [to counsel] is non-offense-specific and attaches to uncharged offenses simply by way of other pending charges or the accrual of Section 13 rights in other pending investigations. See Hall v. State, 870 N.E.2d 449, 460-61 (Ind. Ct. App. 2007), trans. denied.
Even if Indiana recognized its own “inextricably intertwined” or “closely related” doctrine similar to that formulated by courts pre-Cobb, we would still find an insufficient showing of a factual relationship between Jewell’s alleged tattooing offense and his present sex offenses so as to sustain a conclusion that Jewell’s right to counsel attached to the latter crimes before they were charged. Both the alleged tattooing incident and the subject sex offenses supposedly involved the same actors—perpetrator Jewell and victim T.S.—but the location, timing, motives, and overall nature of the offenses all were undoubtedly different.
For these reasons, we identify no basis to conclude that Jewell’s state constitutional right to counsel had attached to the instant sex offenses when T.S. elicited Jewell’s incriminating statements. We thus find that the procurement and admission of Jewell’s statements did not offend his Section 13 rights.
BAKER, C.J., and BARNES, J., concur.