[91] He did note that "we are not now faced with a question dealing with potential constitutional limits on congressional efforts to legislate far more radical changes in tribal status. 1st Dist. 3d at 1000, 838 N.E.2d at 333. In 1990, the Supreme Court ruled in Duro v. Reina that an Indian tribe did not have the authority to try an Indian criminally who was not a member of that tribe. Defendant argues section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)) is unconstitutional because it fails to incorporate a blanket prohibition of testimonial statements where the defense has no opportunity to cross-examine the declarant, and it improperly incorporates an evidentiary standard which has been specifically rejected by the United States Supreme Court in Crawford v. Washington, 541 U.S. 36, 158 L. Ed. R.K. was available as a witness and answered all of defendants questions on cross-examination. Basically means criminal law is what conducts criminal and violations of the criminal law as referred to as a crime. She testified her children were present in the home when defendant spent nights there. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. See People v. Sharp, 391 Ill. App. Lara brought up the constitutional issues of double jeopardy ("[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb", At least in part, it appears that the Supreme Court took the case to resolve a. Indian tribes are not bound by the Bill of Rights. [408 Ill.App.3d 734] On February 11, 2005, Jason told Cordero that once, when Phillip A. came to visit, Jason heard sounds of licking and sucking coming from a room where Phillip A. and J.O. The jury found Jason guilty on both counts of PCSA. Nam lacinia pulvinar tortor nec facilisis. [7] Only after 1862, when the Santee rose up against the whites and were subsequently removed to the Dakota Territory, did the fighting cease. Officer Luckey testified these training sessions taught him the key to interviewing children is to ask open-ended, nonleading questions in an environment that is comfortable for the child. Full Document, what is a case briefing of Illinois v. Lara The case brief should contain the following elements, -Case citation -Facts of the case -Procedural History -Issue(s) -Rule(s)/Holding(s) -Rationale, create a case brief of Illinois v. Lara (Ill. App. The confession of the defendant is not sufficient enough to charge him with PCSA considering the State did not provide sufficient evidence to prove Lara inserted his finger into J. Os vagina. Press escape to return to last selected case text. Lara Annotate this Case Justia Opinion Summary Defendant was convicted of two counts of predatory criminal sexual assault on an eight-year-old girl, at his mother's home for babysitting, on two dates. She said she had never seen defendant do anything inappropriate to R.K. 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. End of preview. Pellentesque dapibus efficitur laoreet. was alone with Phillip. Jason testified that he never touched J.O. slept at Shelley's home, where Shelley's son, Jason, also slept. [43] The Eighth Circuit's panel noted that in the Duro decision, the Supreme Court had observed that Congress could address the jurisdictional system, which Congress did. The cause was remanded to the appellate court for its consideration of these
On appeal, he argued that the
Officer Luckey did not direct R.Ks answers in the interview. [126] As Justice Souter stated in his dissent, this remains "an area peculiarly susceptible to confusion. School Ivy Tech Community College, Indianapolis Course Title CRIM 211 Uploaded By BailiffPorpoise1040 Pages 1 CliffsNotes study guides are written by real teachers and professors, so no matter what you're studying, CliffsNotes can ease your homework headaches and help you score high on exams. She pushed his hand away and went back to sleep. An assistant State's Attorney read to the jury the handwritten statement Jason signed. Glaub observed Luckeys interview of R.K. Glaub testified there was no indication R.K. had *264been coached. All Documents are available in pdf format. [96] Kennedy states that is all that is needed to decide the case, but that the Court went further than was necessary when it decided that Congress had the power under the constitution to authorize tribes to prosecute non-member Indians. create a case brief of Illinois v. Lara (Ill. App. She testified most of the time, she did not leave the children alone with defendant. [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. Appellate Court of Illinois, First District, Third Division. However, our supreme court has also stated, [t]he confrontation clause is not violated by admitting a declarants out-of-court statements, as long as the declarant is testifying as a witness and subject to full and effective cross-examination. People v. Flores, 128 Ill. 2d 66, 88, 538 N.E.2d 481, 489 (1989). to Cordero's home, before school. The State's evidence, apart from the confession, supported a finding of only the lesser-included offense of aggravated criminal sexual abuse (ACSA). The video of the interview was admitted into evidence at the hearing as Peoples exhibit No. Walker, 236 Neb. J.O. Argued April 20, 1983. Jason signed a statement about the incident later that day. The location of the incidents was his mothers apartment, where the girl
United States v. Lara, 541 U.S. 193 (2004), was a United States Supreme Court landmark case[1] which held that both the United States and a Native American (Indian) tribe could prosecute an Indian for the same acts that constituted crimes in both jurisdictions. He did not recall much about the statement he signed at the station. Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. The court refused Jason's request for an instruction on the lesser-included offense of ACSA. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. 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. as Amici Curiae 45. 3d at 480, 912 N.E.2d at 291. He could not make much sense of what the officers had tried to say to him. The following morning, Augustina asked Cordero to talk to J.O. 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. Luckey testified he wants a child he is interviewing to feel comfortable and not intimidated so the child can tell him what happened. He admitted that in January 2005, on two separate occasions, he put his hand in J.O. [408 Ill.App.3d 736] The court instructed the jurors that when they considered the testimony of any witness, they could take into account the witness's ability and opportunity to observe, his memory, his manner while testifying, any interest, bias or prejudice he may have, and the reasonableness of his testimony considered in the light of all the evidence in the case. The court did not instruct the jurors on the weight they should give statements made out of court, or factors to consider in assessing the credibility of children's statements. Detective Linda Paraday, who watched Kato interview J.O., testified about that questioning and J.O. and C.A. You also get a useful overview of how the case was received. [fn 13][53], Solicitor General Ted Olson argued that Congress, in response to the Duro decision, acted to "recognize and affirm" the Indian tribe's inherent power to enforce its criminal laws against Indians of other tribes. Defendant was convicted of two counts of predatory criminal sexual assault on an eight-year-old girl, at his mothers home for babysitting, on two dates. R.K. had her own bedroom on the first floor of the house. Question 14 Which of the following statements is NOT correct? specified that Jason's hand stayed outside her vagina in each incident. '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. Illinois Supreme Court | THE PEOPLE OF THE STATE OF ILLINOIS. Lara requests his convictions be reduced from PCSA to ACSA due to lack of corpus, Court finds sufficient evidence to support ACSA but not enough to charge Lara with. Instead, J.O. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. into a bedroom and asked her if Phillip had ever touched her in a way that made her uncomfortable. Welcome to the Caselaw Access Project! See Ill.S.Ct. (Pen. "[92] The decision allowed both courts to prosecute Lara. were alone together. said Jason, not Phillip, had touched her private part. Augustina called Shelley and the police. Augustina is the mother of J.O. The PEOPLE of the State of Illinois, PlaintiffAppellee,v.Jason LARA, DefendantAppellant. said that on two occasions about a month earlier, Jason had touched her private part.. Defense counsel at both trial and on appeal provide a somewhat misleading representation of R.K.s testimony. Defendant argued the child was unavailable for cross-examination regarding her statements to the DCFS investigator because defendant would have been forced to first elicit the damaging testimony from [the child] and then attempt to refute it. Garcia-Cordova, 392 Ill. App. Nam lacinia pulvinar tortor nec facilisis. 3d at 1094, 909 N.E.2d at 409-10. Here is a link to the audio instead. 126682 People State of Illinois, Appellee, v. Harold Blalock, Appellant. '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. A doctor testified that Jason suffered from epilepsy, and at the time of the arrest, medications did not adequately control his condition. A court must interpret a statute so as to uphold its constitutionality if reasonably possible. 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. For the reasons stated, we affirm defendants conviction. We next address defendants argument the State failed to establish his guilt beyond a reasonable doubt. He was the only individual in the room with R.K., but the interview was both audio- and video-recorded. Jason signed a statement about the incident later that day. Sign up for our free summaries and get the latest delivered directly to you. [115], Souter wrote that this dissonance in court decisions will lead to confusion, stating: "And confusion, I fear, will be the legacy of today's decision, for our failure to stand by what we have previously said reveals that our conceptualizations of sovereignty and dependent sovereignty are largely rhetorical. The jury found defendant guilty of predatory criminal sexual assault. Illinois v. Lara Case Brief.docx - Illinois v. Lara 2012 IL App 1st 091326-U FACTS Agustina P. had two children J.O and C.A who would often stay Illinois v. Lara Case Brief.docx - Illinois v. Lara 2012 IL. In Justice Thomas's conclusion at the end of this case, he stated, "History points in both directions. [97] Finally, Kennedy was concerned that the court did not address the question of the Equal Protection Clause. Identify criminal defenses and how they apply 5. 1st Dist. The following morning, Augustina asked Cordero to talk to J.O. The judge admonished the venire about the principles that the jurors must presume the defendant's innocence, the State must prove the defendant's guilt beyond a reasonable doubt, the defendant has no duty to present any evidence, and the jurors must not hold against the defendant his exercise of his right not to testify. Garcia-Cordova, 392 Ill. App. At trial, he denied any inappropriate behavior. In December 2008, the trial court denied defendants posttrial motion, which alleged the trial court erred in admitting R.Ks videotaped statement. The Supreme Court ruled that double jeopardy did not apply to Lara since "the successive prosecutions were brought by separate and distinct sovereign bodies". People v. Cookson, 215 Ill. 2d 194, 204, 830 N.E.2d 484, 490 (2005). Subscribers are able to see the revised versions of legislation with amendments. The grand jury indicted defendant on the charge of predatory criminal sexual assault of a child. She also testified who was depicted in the drawings she was able to identify. You're all set! Jason now appeals. No. When asked what she called the part to which she pointed, she said [bjottom body. R.K. testified it was on the front of her body and that defendant had touched her on that part of her body. After the arrest, Bureau of Indian Affairs (BIA) officer Bryon Swan took Lara to the police station where Lara was informed of a Sioux order excluding him from the reservation. The jury convicted him of both offenses and he received
We disagree with defendants characterization of Officer Luckeys interview technique. The reservation was originally known as Devil's Lake Reservation. and C.A. It appears, as a matter of trial strategy, defense counsel chose not to cross-examine R.K. about the charge alleged in the indictment, nor did he question her about her statement to Officer Luckey. Nothing about her trial testimony rendered her prior statement unreliable. In Kitch, this court recently adhered to its previous ruling in Reed and rejected the defendants contention section 115 10 is facially unconstitutional. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. However, the State also introduced RK.s recorded interview and the recorded interview was admitted as substantive evidence. Not yet answered Select one: Marked out of O a. Accordi . "[124] Thomas further stated, "Federal Indian policy, is, to say the least, schizophrenic. Full Document. R.K. testified she considered defendant her friend. The appellate court held that
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. We continue to adhere to this courts prior precedent and find section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)) facially constitutional. 1st Dist. An attorney is not required to, and indeed should not, make an argument not well-grounded in fact or law. Pellentesque dapibus e
sectetur adipiscing elit. When reviewing a challenge to the sufficiency of the States evidence, we view the evidence presented in a light most favorable to the prosecution and determine whether any rational trier of fact could have found the State proved the elements of the offense beyond a reasonable doubt.
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