illinois v lara case brief

[90], Breyer noted Lara's other arguments, but as the double jeopardy issue was dispositive, he declined to address those issues. Basically means criminal law is what conducts criminal and violations of the criminal law as referred to as a crime. [28], Following his arrest, the tribal court of the Spirit Lake Sioux Tribe charged Lara with assaulting the arresting officers, along with four other charges. 2011) Case Brief. The grand jury indicted defendant on the charge of predatory criminal sexual assault of a child. He noted that the Indian tribes governed themselves since before Columbus arrived, and that most states never governed themselves outside of the United States. 1-09-1326. Pellentesque dapibus efficitur laoreet. [25], Billy Jo Lara was an enrolled member of the Turtle Mountain Band of Chippewa Indians located in northern North Dakota near the CanadaU.S. Any inconsistencies between RK.s trial testimony and her recorded interview affect only the weight and not the admissibility of the recorded interview. The two tribes had been at war from at least 1736[5] and by 1750 the Chippewa had forced the Santee to the west into the prairie. Question (1) Is a police officer's good faith reliance on a third party's apparent authority to consent to a search a valid exception to the warrant requirement of the Fourth Amendment? He did not recall much about the statement he signed at the station. independent evidence as required by the rule of corpus delicti. Full Document. Reichert argued that an Indian tribe had no inherent sovereignty in regards to non-member Indians, but only the power that Congress decided to give the tribe, citing Duro, Wheeler, and Oliphant v. Suquamish Indian Tribe[fn 17][65] to support his argument. Crow Dog was tried in federal court for murder, found guilty, and sentenced to hang. As a result, defense counsel questioned the reliability of the videotaped interview. J.O. Defendant called Marshall Smith, a deputy with the Woodford County sheriffs department. "[102] He noted that such authority was not in the Indian Treaty Clause[103] nor the Indian Commerce Clause. Which is also called penal law. Since separate sovereign bodies had filed the charges, double jeopardy did not apply to Lara's case. MEYERSCOUGH, EJ., and TURNER, J., concur. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. [38] Senechal noted that two other trial courts in the circuit had already ruled that double jeopardy did not apply, that the ICRA only recognized the inherent sovereignty of the tribes and did not delegate prosecutorial power to the tribe. 2011) Your case brief should contain the following elements (and those elements should be separated into sections: Case citation, create a case brief of Illinois v. Lara (Ill. App. CRIM 361 Chapter 3 (Question for Discussion).docx, Unformatted text preview: ISSUES Is Laras sole confession of PCSA enough to convict him on two counts regardless of insufficient evidence of corpus delicti? The victim in this case, R.K., took the stand and offered meaningful testimony. The jury found Jason guilty on both counts of PCSA. 's out-of-court statements. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jason LARA, Defendant-Appellant. People v. Cookson, 215 Ill. 2d 194, 204, 830 N.E.2d 484, 490 (2005). Explain the positive contributions of firms to society. In In re Rolandis G., 232 Ill. 2d 13, 32-33, 902 N.E.2d 600, 611 (2008), our supreme court ruled a videotaped statement made by a child to a child advocate was testimonial in nature. Kagama. She stated defendant usually always wore his jewelry, even while sleeping, unless he was going to church. He also experienced some twitches he could not control. R.K. never specifically denied defendant placed his tongue or mouth on her vagina. She also testified who was depicted in the drawings she was able to identify. However, when the State asked R.K. if she liked defendant, she said no because he did something wrong. The judge did not ask the jurors about the defendant's lack of a duty to present evidence or the right not to testify. Indians are very integrated across tribal boundaries, intermarrying across tribes and sharing child and medical care services across tribes. Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender (Megan E. Ledbetter, of counsel), for DefendantAppellant.Anita Alvarez, State's Attorney, State's Attorney of Cook County (Alan J. Spellberg, Ashley A. Romito, Jessica R. Ball, of counsel), for PlaintiffAppellee. She pointed to her vagina. She also testified his hands were outside her underwear. Jason admits on two separate occasions in January of 2005 he touched J.O. Luckey testified he had received specialized training in interviewing children alleged to be victims of sexual or physical abuse. 3d at 480, 912 N.E.2d at 291. You can explore additional available newsletters here. Defendant also argues the trial court should have reversed its pretrial ruling after R.K. testified at the trial because the contradictions between her testimony and her recorded interview rendered the interview unreliable. She pushed his hand away and went back to sleep. He stated he spoke to R.Ks father, Tim K. Tim K. had no knowledge about the substance of R.K.s allegations against defendant. Lara had married a member of the Spirit Lake Santee tribe and had resided on the Spirit Lake Reservation with her and their children until he was banished from the reservation due to several serious misdemeanors. Pellentesque dapibus efficitur laoreet. In this case, R.K. was present, she answered all of the questions posed by defense counsel, and nothing in the record indicates she would not have answered any other questions defense counsel could have asked. ANS: The textbook defines criminal law as the body of rules and regulations that defines and specifies punishments for offenses of a public nature or for wrongs committed against the state or society. 2011), Your case brief should contain the following elements (and those elements should be separated into sections: Case citation, Sometime people mistakenly say that the body of a murder victim provides the corpus delicti of the crime of murder. GarciaCordova, 392 Ill. App. An abuse of discretion occurs when the [courts] ruling is arbitrary, fanciful, or unreasonable, or when no reasonable person would take the same view. Sharp, 391 Ill. App. and C.A. Compare the Epic of Gilgamesh withEnumaElish. [50] The United States then appealed to the Supreme Court, which granted certiorari to hear the case. (which the girls descriptions did not), and that insufficient independent evidence was The restitution consisted of $ 600 (or $ 50 in one source), eight ponies, and one blanket. In the figure above, the wage rate is $600 and total fixed cost is $15,000. ", This page was last edited on 4 October 2022, at 14:40. Partly because of a conversation he had with J.O., he told Cordero about the sucking sounds he heard coming from a room where J.O. 3d at 1081, 909 N.E.2d at 400. The second time J.O. Pellentesque dapibus e
sectetur adipiscing elit. JUSTICE NEVILLE delivered the judgment of . 's out-of-court statements. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. woke up. He testified he had received special training on how to interview children who are victims of sexual abuse or severe physical abuse. later recited the same story to Carey Kato, forensic interviewer. "[fn 6][16] In 1886, the Act was upheld by the Supreme Court in United States v. The Supreme Court ruled that double jeopardy did not apply to Lara since "the successive prosecutions were brought by separate and distinct sovereign bodies". The reservation was originally known as Devil's Lake Reservation. See Bryant, 391 Ill. App. [58] He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress. Defendant had the opportunity to cross-examine the victim in this case, and she answered all of his questions. Here is a link to the audio instead. Lara then struck Swan, who as a BIA officer was considered both a tribal officer and a federal law enforcement officer. slept at Shelley's home, where Shelley's son, Jason, also slept. He testified that he might have had an epileptic seizure in the cell without realizing it. Defendant argues *265this could not have been the legislatures intent when it provided a witness must testify at the proceedings for the prior statement to be admissible. Nam lacinia pulvinar tortor nec facilisis. There is no reason to believe R.K. would have refused to answer a question from defense counsel as to whether defendant put his mouth or tongue on her vagina. 2011) Your case brief should contain the following elements (and those elements should be separated into sections: Case citation Illinois Highest Court |THE PEOPLE OF THE JURISDICTION OF ILLINOIS, Appellant, v. JASON LARA, Appellee | The case number 112370.February 7, 2013. Pellentesque dapibus efficitur lao

sectetur
sectetur adipiscing elit. You already receive all suggested Justia Opinion Summary Newsletters. [78], Breyer stated that the Indian Commerce Clause[79] of the United States Constitution granted Congress "plenary and exclusive" power to legislate in respect to the Indian tribes. Luckey testified he typically does not know the alleged facts of the case before interviewing a child so that he can avoid leading the child. We disagree with defendants characterization of Officer Luckeys interview technique. According to the written statement, he said that on the first occasion, while J.O. Accordingly, we vacate Jason's convictions for PCSA, reduce Jason's convictions for PCSA to convictions for ACSA, and remand for sentencing on the ACSA convictions. Lara pleaded guilty to the tribal charges, but claimed double jeopardy against the federal charges. 3d at 484, 912 N.E.2d at 294. whether defendants request for a jury instruction on the lesser-included offense of "[125] Thomas's statements directly address the Supreme Court's confusion on both present and future Federal Indian Policy. Nam lacinia pulvinar tortor nec facilisis. 3d at 483-84, 912 N.E.2d at 294. made to Augustina, Cordero and Kato. Even though the child was physically present and answered some preliminary questions, the defendant argued the child was unavailable because she denied remembering, among other things, defendant doing anything to her on the couch or bed, why she spoke with an investigator from DCFS, and whether other people should not touch certain parts of her body. Subscribers are able to see any amendments made to the case. Lorem ipsum dolor sit amet, consectetur adipiscing elit. The jurors were each provided a transcript of the videotaped statement while the videotape was played for the jury. We agree. Breyer believed that the question the Court needed to answer was whether Congress had the authority to relax restrictions that had been imposed on an Indian tribe's inherent sovereignty. The doctor testified that epileptics often remain confused for hours after a seizure. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. Before trial, the prosecution filed a motion seeking to admit at trial testimony about the statements J.O. 126682 People State of Illinois, Appellee, v. Harold Blalock, Appellant. 3d 786, 791, 780 N.E.2d 807, 811 (2002), affd, 215 Ill. 2d 194, 830 N.E.2d 484 (2005). Decided June 20, 1983. Defense counsel chose to limit his cross-examination of R.K. Defense counsel did not ask her any questions about the alleged incident or any other incidents of inappropriate contact. The Duro case involved the slaying of a 14-year-old on the reservation by an Indian of another tribe. It appears this was a matter of strategy on the part of defense counsel. 1st Dist. In September 2008, a jury found defendant guilty of predatory criminal sexual assault (720 ILCS 5/12-14.1(a)(1) (West 2006)). was alone with Phillip. Pellentesque dapibus efficitur laoreet. In Justice Thomas's conclusion at the end of this case, he stated, "History points in both directions. Defendant appeals, arguing (1) section 115 10 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115 10 (West 2008)) is unconstitutional; (2) the trial court abused its discretion by allowing the State to introduce RK.s videotaped statement pursuant to section 115 10 of the Code (725 ILCS 5/115 10 (West 2008)); (3) the State failed to establish defendants guilt beyond a reasonable doubt; and (4) defendants trial counsel was ineffective for failing to argue RK.s testimony at trial made her unavailable as a witness and denied defendant his right to confront witnesses against him. into a bedroom and asked her if Phillip had ever touched her in a way that made her uncomfortable. . confession should not have been admitted because it was not sufficiently corroborated by Third Division March 31, 2011 1-09-1326 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JASON LARA, Defendant-Appellant. ) R.Ks mother testified she still loved defendant and defendant and R.K. got along well together. The parties stipulated that in January 2005 Jason was 19 years old. 3d 467, 469, 727 N.E.2d 404, 406 (2000). Plaintiff. Police officers arrested Jason. The court refused Jason's request for an instruction on the lesser-included offense of ACSA. [77] He noted that the intent of Congress was clear, not only based on the plain language of the statute, but also from its legislative history. Defendant does not argue his trial counsel was ineffective for failing to ask R.K. whether defendant put his mouth or tongue on her vagina. Therefore, the case hinges on the tribes' inherent sovereignty, and based on precedent, the tribes possess that power. slept, he put his finger into her vagina as far as his fingernail, and then J.O. [fn 8][30] Lara pleaded guilty to the tribal charge of "violence to a policeman". According to the written statement, he said that on the first occasion, while J.O. Donec aliquet. 3d 257, 932 N.E.2d 1052 (2010). In general, during any trial, an attorney does not want to ask a question if he does not know how the witness will answer. One of the children reported that Lara's son, Jason, was sexually abusing one of the children and he was arrested after the child's mother called the police. [44] When Congress amended the ICRA, they were addressing a federal common law issue, not a constitutional issue, and were within their authority to recognize the sovereignty of the tribes. 112370. *262R.K. Press Ctrl + / (Windows, Chrome OS) or + / (Mac) to jump to the Tools menu. Module 6: Ch'l4 Homework 6 a Saved Help Save & Exil. 's out-of-court statements; (2) the court failed to comply with Supreme Court Rule 431(b) concerning admonitions to jurors; (3) the evidence proved the corpus delicti only for ACSA, and not for PCSA; (4) the trial court should have instructed the jury in accord with the requirements of section 11510(c) of the Code; (5) the trial court should have instructed the jury on the lesser-included offense of ACSA; and (6) the trial court imposed an excessive sentence. Illinois v. Lara Case Brief.docx 4 pages Midterm exam (1) 3 pages Indiana Code.docx 6 pages M07 quizzes.docx 3 pages Assignment5.docx 2 pages Crim Law Assignment 7 Ch. said Jason, not Phillip, had touched her private part.. Reed, 361 Ill. App. Garcia-Cordova, 392 Ill. App. End of preview. "[127], The Lakota, also known as Teton Sioux, consist of the Brul, Oglala, Sans Arc, Hunkpapa, Miniconjou, Sihasapa (or Blackfoot Sioux, not to be confused with the. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. 81-1859. J.O. this rule required the State to produce independent evidence of the elements of penetration His confession was admitted into evidence; the girl gave statements and testified at trial. Luckey testified he did not believe R.K. had been coached prior to the interview. The appeal of Lara is automatic. Kathleen testified she left for work at 4 a.m. Dustin and defendant would be sleeping on the second floor when she left. Based on testimony the court had heard at the trial, it found R.K.s prior statements were still reliable, even if they were inconsistent with her trial testimony. Menominee Termination Act of 1954, June 17, 1954, 58, Menominee Restoration Act of 1973, December 22, 1973, 87, America is Indian Country: Opinions and Perspectives from Indian Country Today 90, National Association of Criminal Defense Lawyers, Confederated Salish and Kootenai Tribes of the Flathead Nation, Confederated Tribes of the Warm Springs Reservation, Salt River Pima-Maricopa Indian Community, Three Affiliated Tribes of the Fort Berthold Reservation, "United States v Lara: Affirmation of Tribal Criminal Jurisdiction Over Nonmember American Indians. Not only did R.K. describe what defendant did, she also described how it felt. Luckey testified individuals observing the interview, who are not in the interview room, are able to communicate with him through a computer monitor mounted on the wall in the interview room. He was the only individual in the room with R.K., but the interview was both audio- and video-recorded. About three days later, when she again slept on the floor next to Jason's bed, she got up during the night to use the bathroom. [17], In 1990, the Supreme Court held in Duro v. Reina[18] that an Indian tribe did not have jurisdiction to try an Indian of another tribe. Kathleens bedroom was on the second floor. [76], Justice Stephen Breyer delivered the opinion of the court on April 19, 2004. Defense counsel argued R.K. did not testify to the elements charged in this case. Touching for a five-year-old is done with fingers and hands. Deputy Smith testified he had no further involvement with the investigation and this was normal procedure once a case had been turned over to the detective division of the department. mother. A doctor testified that Jason suffered from epilepsy, and at the time of the arrest, medications did not adequately control his condition. Garcia-Cordova, 392 Ill. App. create a case brief of Illinois v. Lara (Ill. App. about the matter. Nam lacinia pulvinar tortor nec facilisis. The defendant, Billy Jo Lara, was charged for acts that were criminal offenses under both the Spirit Lake Sioux Tribe's laws and the federal United States Code. Paraday admitted that when Kato interviewed J.O., J.O. Further, Luckey testified he did not believe R.K. had been coached. School Ivy Tech Community College, Indianapolis Course Title CRIM 211 Uploaded By BailiffPorpoise1040 Pages 1 If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 's pants and touched her vagina. Lorem ipsum dolor sit amet, consectetur adipiscing elit. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. When asked why she told her mom, R.K. responded, Because he was doing something wrong.. The Court held that the United States and the tribe were separate sovereigns; therefore, separate tribal and federal prosecutions did not violate the Double Jeopardy Clause.[2]. There, without obtaining a warrant and in the process of booking him and inventorying his possessions, the police removed the contents of a shoulder . No. We need not address this hypothetical argument because it is not applicable to the facts of this case. Conspiracies and how attachment works for certain crimes, drug trafficking, RICO, etc. 's father. Alvarez was sentenced to life imprisonment on both counts; pursuant to jury verdicts, Lara was sentenced to death on the murder count and life imprisonment without possibility of parole on the kidnaping count. Augustina, who worked many evenings, often asked her friend, Shelley Lara, to look after her two children. According to her testimony, defendant began to stay at her house more frequently in January 2008, approximately five nights per week. Indicate the negative externalities of firms, in their aim to After viewing the videos - interviews with Ibram X. Kendi discuss racism and anti-racism. First, explain your understan Violet Stapleton has been suffering from kidney disease for many years and has dialysis three times a week to survive. Criminal liability 8. Section 11510 of the Code provides: (a) In a prosecution for a physical or sexual act perpetrated upon or against a child under the age of 13 * * *, the following evidence shall be admitted as an exception to the hearsay rule: (2) testimony of an out of court statement made by the victim describing * * * an element of an offense which is the subject of a prosecution for a sexual or physical act against that victim. Cordero took J.O. United States. Want to read the entire page? The jury found defendant guilty of predatory criminal sexual assault. Further, defendant had the opportunity to cross-examine her. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. our. said no one else had ever touched her down there. Besides her mom and the people in the courtroom, she testified she had never told anyone else about what happened. Cordero took J.O. *259Michael J. Pelletier, Gary R. Peterson, and Stuart H. Shiftman, all of State Appellate Defenders Office, of Springfield, for appellant. About three days later, when she again slept on the floor next to Jason's bed, she got up during the night to use the bathroom. 3d 1072, 909 N.E.2d 391 (2009). [41] Senechal denied this motion, noting that Lara had shown no examples of other races not being prosecuted for like offenses. | State of Illinois Office of the Illinois Courts, Anticipated Filing Dates and Opinions List, Petition for Leave to Appeal Dispositions, Plead and Pay Traffic / Conservation Tickets (e-Guilty), Illinois Circuit Court Statistical Reports, Probation Eligible Employment Application, Illinois Rules of Professional Conduct of 2010, Illinois Code of Judicial Conduct of 2023, re:SearchIL (Statewide Document Repository), Volunteer Pro Bono Program for Criminal Appeals, Annual Certification of Private Insurance Coverage, Judicial Request for Removal of Personal Information, Unlawful Use of a Weapon Sentencing Form (SPAC), Judicial Branch Application for Employment, Representation by Law Students / Graduates (Rule 711), Circuit Civil, Criminal and Traffic Assessment Reports, Illinois Judicial Branch Strategic Agenda, 2016 Statutory Court Fee Task Force Report, 2023 Statutory Court Fee Task Force Report, Results of 2015 Circuit Court User Survey, Access to Justice Commission's Strategic Plan, Mental Health and Justice in Cook County Bond Courts, Pretrial Practices Data Oversight Board Preliminary Report, Judicial Management Information Services Division (IT), Statutory Court Fees Task Force Public Hearings, Appellate Court Policies on Access for Persons with Disabilities, Appellate Court Total Caseload Statistics. He did not interview R.K. or anyone else living at the residence. 1st Dist. 3d 947, 909 N.E.2d 971 (2009); People v. Bryant, 391 Ill. App. The following morning, Augustina asked Cordero to talk to J.O. You're all set! Pellentesque dapibus efficitur laoreet.

sectetur adip
sectetur adipiscing elit. 1-09-1326. ACCEPT. Indian country was defined as all reservation land, all dependent Indian communities, and all Indian allotments. Subscribers are able to see a list of all the documents that have cited the case. Donec aliquet. An assistant State's Attorney read to the jury the handwritten statement Jason signed. The threshold issue we must decide is whether the trial court erred when it permitted Augustina, Cordero and Paraday to testify about J.O. It is not the function of this court to second-guess the credibility determinations of the trier of fact unless we determine no reasonable jury could have come to that same conclusion. Defendant points out this court recently interpreted section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)) to allow for the introduction of prior out-of-court statements when a witness takes the stand and answers no meaningful question on cross-examination. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. R.K. testified she told her mother, while riding in the car with her, what defendant had done to R.K. Bryant, 391 Ill. App. We will overturn a trial courts decision to allow the admission of evidence only when the record clearly demonstrates the decision was an abuse of discretion. Illinois v. Lafayette. [fn 3], In response to Ex Parte Crow Dog, Congress passed the Major Crimes Act in 1885.

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