Determinations of the credibility of witnesses, the weight to be given their testimony, and reasonable inferences to be drawn from the evidence lie in the province of the trier of fact, here the jury. this rule required the State to produce independent evidence of the elements of penetration
"[101] Thomas did not believe that Congress has the constitutional authority to set the "metes and bounds of tribal sovereignty. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. and C.A., who has a friend, Shelley Lara, that provides childcare often as she works evenings. Nam lacinia pulvinar tortor nec facilisis. No. [117], Lara was released from federal prison on August 19, 2005, about a year and four months after the Supreme Court delivered their decision.[118]. mother. Paraday admitted that when Kato interviewed J.O., J.O. 2023 Course Hero, Inc. All rights reserved. but his testimony at trial denied any inappropriate behavior. made to Augustina, Cordero and Kato. 3d at 955, 909 N.E.2d at 978, quoting People v. Robertson, 312 Ill. App. Augustina P. had two children, J.O. Nam lacinia pulvinar tortor nec facilisis. The threshold issue we must decide is whether the trial court erred when it permitted Augustina, Cordero and Paraday to testify about J.O. (Pen. Basically means criminal law is what conducts criminal and violations of the criminal law as referred to as a crime. Pellentesque dapibus efficitur laoreet. 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. Bryant, 391 Ill. App. 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. 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. "[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. [408 Ill.App.3d 733] A jury found the defendant, Jason Lara, guilty of two counts of predatory criminal sexual assault (PCSA) for inserting his finger into the vagina of an eight-year-old girl, J.O. At trial, he denied any inappropriate behavior. She testified most of the time, she did not leave the children alone with defendant. J.O. *262R.K. [27] Lara returned to the reservation, where he was arrested and charged with public intoxication. United States Appellate Court of Illinois, 946 N.E.2d 516,349 Ill.Dec. 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. of Criminal Defense Lawyers. explained that when she and her sister slept at Shelley's home, they would sleep on the floor next to the bed in the living room where Jason slept. woke up. 3d 257, 932 N.E.2d 1052 (2010). 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. R.K. was available as a witness and answered all of defendants questions on cross-examination. criminal sexual assault on an eight-year-old girl on two separate dates in January of 2005,
On appeal, Jason argues that the State failed to prove the corpus delicti of the offense, because the State failed to present any evidence corroborating Jason's confession that he put his finger inside J.O. The parties stipulated that in January 2005 Jason was 19 years old. You also get a useful overview of how the case was received. 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. Upload your study docs or become a He received consecutive terms of 10 and 8 years. Augustina P. had two children, J.O. In fact, Glaub stated R.K. said no one told her what to say. 2011) Your case brief should contain the following elements (and those elements should be separated into sections: Case citation, 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, Research and find Indiana's "Stand Your Ground" statute and correctly cite the code section and subsection(s) where it is located. Defendants argument is similar to an argument made by the defendant in People v. Garcia-Cordova, 392 Ill. App. An attorney is not required to, and indeed should not, make an argument not well-grounded in fact or law. May 1, 2007). Pellentesque dapibus efficitur laoreet. He did not interview R.K. or anyone else living at the residence. During R.Ks interview with Luckey, Luckey asked her if there were places on her body other people should not touch. Glaub observed Luckeys interview of R.K. Glaub testified there was no indication R.K. had *264been coached. Kathleen said she and R.K. had never talked about any type of sexual matters prior to this. Jason raises six separate arguments on appeal. 10&11 quiz.docx 7 pages Judicial Opinion Assignement.docx 3 pages He admitted that in January 2005, on two separate occasions, he put his hand in J.O. Augustina came into the bedroom to talk to J.O., and again J.O. 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. Nothing about her trial testimony rendered her prior statement unreliable. Kathleen testified she still loved defendant. Advanced A.I. 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. When asked which parts, R.K. pointed down. inappropriately, and he never put his hand in her pants. 3d 786, 791, 780 N.E.2d 807, 811 (2002), affd, 215 Ill. 2d 194, 830 N.E.2d 484 (2005). Although R.K. took the stand in this case and answered all of defense counsels questions on cross-examination, defendant argues R.K.s trial testimony created a dilemma for his trial counsel. The State's evidence, apart from the confession, supported a finding of only the lesser-included offense of aggravated criminal sexual abuse (ACSA). One night she woke up to find her pants and underpants pulled down to her knees, and Jason's hand resting on her private part.. She was never asked this specific question by either the State or defendant. Identify criminal defenses and how they apply 5. 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. Cordero took J.O. Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. In June 2008, the State filed a notice of its intent to use out-of-court statements made by R.K. to Officer Eric Luckey, a Eureka police officer, on May 9, 2008, at the Child Advocacy Center in Eureka, Illinois, pursuant to section 115 10(a) of the Code (725 ILCS 5/115 10(a) (West 2006)). 110803, 944 N.E.2d 345 (Mar. when he was 19. According to the written statement, he said that on the first occasion, while J.O. The indictment alleged defendant placed his mouth on R.K.s vagina. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. . However, there were two issues which the appellate court had not reached, namely,
He testified that he might have had an epileptic seizure in the cell without realizing it. Which of the following examples would most likely be used in a short report? A. The jury found Jason guilty on both counts of PCSA. i Fourth Amendment . THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee. to Cordero's home, before school. Kagama. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Nam lacinia pulvinar tortor nec facilisis. The Illinois Supreme Court held that the State need not present independent evidence corroborating every element of the charged offenses before a defendants statement may be used to prove the corpus delicti and that the independent evidence was sufficient to permit the defendants confession to be admitted. The court noted that in previous Supreme Court rulings, the determination of tribal jurisdiction was based on the tribal membership of the individual, not on his race as an Indian. When she came back, Jason again put his hand on her vagina. 1st Dist. Deputy Smith testified he was dispatched to Kathleen K.s home on May 9, 2008, talked to Kathleen, and took a report. [66] He stated that it was the place of the Supreme Court, not Congress, to determine the inherent sovereignty of the tribe. One night she woke up to find her pants and underpants pulled down to her knees, and Jason's hand resting on her private part. A few days later, when she came back to lie on the floor after going to the bathroom late at night, Jason put his hand inside her panties and on her vagina. Pellentesque dapibus efficitur laoreet.
sectetur adip
sectetur adipiscing elit. R.K. told Luckey defendants facial jewelry hurt her pee-pee when he was performing oral sex on her. She, R.K., and her son live in a two-story house with a basement. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. People v. Curtis, 296 Ill. App. 2 Indian Affairs: Laws and Treaties 105758, George Washington Kingsbury & George Martin Smith, 2 History of the Dakota Territory 11921196, Major Crimes Act of 1835, March 3, 1885, 23, Supreme Court Interpretation and Policymaking in American Indian Policy 176, Introduction to Tribal Legal Studies 159-60, Like a Loaded Weapon: The Rehnquist Court, Indian Rights, And the Legal History of Racism in America 154, Broken Landscape:Indians, Indian Tribes, and the Constitution: Indians, Indian Tribes, and the Constitution 251-52. On appeal, the Illinois Supreme Court did not agree with the appellate court on the
slept, he put his finger into her vagina as far as his fingernail, and then J.O. Section 12 14.1(a)(1) of the Code states a defendant commits predatory criminal sexual assault of a child if *** the accused was 17 years of age or over and commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed. 720 ILCS 5/12 14.1(a)(1) (West 2006). Since separate sovereign bodies had filed the charges, double jeopardy did not apply to Lara's case. Therefore, the case hinges on the tribes' inherent sovereignty, and based on precedent, the tribes possess that power. Plaintiff. 3d at 483, 912 N.E.2d at 294. Augustina came into the bedroom to talk to J.O., and again J.O. As she described it, it felt like he was stabbing her with his lip rings. 's pants and touched her vagina. 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. R.K. answered all of defense counsels questions. At trial, he denied any inappropriate behavior. 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. 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. 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). He petitioned for a writ of habeas corpus to the Supreme Court, and in Ex parte Crow Dog[10] the Supreme Court found that the federal government did not have jurisdiction to try the case. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. He was the only individual in the room with R.K., but the interview was both audio- and video-recorded. statements and also testified at trial. [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. 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. Not only did R.K. describe what defendant did, she also described how it felt. In September 2008, a jury found defendant guilty of predatory criminal sexual assault (720 ILCS 5/12-14.1(a)(1) (West 2006)). Defendant argues RK.s recorded statement contains inconsistencies, contradictions, and most of the detail in the interview came after *268prodding by Officer Luckey. See People v. Wisslead, 108 Ill. 2d 389, 397, 484 N.E.2d 1081, 1084 (1985). The court affirmed Jasons appeal. After R.K. testified, the trial court heard arguments outside the presence of the jury regarding R.Ks videotaped statement. 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. Lorem ipsum dolor sit amet, consectetur adipiscing e
sectetur
sectetur adipiscing elit. Defense counsel argued R.K. did not testify to the elements charged in this case. 112370. Donec aliquet. Your browser doesn't support HTML5 audio. Kathleen called the Child Advocacy Center, which referred her to the Department of Children and Family Services (DCFS) and the police. The parties stipulated that in January 2005 Jason was 19 years old. Defendants argument his trial counsel should have argued R.K. was unavailable fails here because it is clear R.K. was available. 1-09-1326. The indictment alleged defendant placed his mouth on R.Ks vagina. She testified defendant had to leave her house between 5:30 and 6 a.m. to get to work. The trial court sentenced him to terms of 10 years and 8 years in prison, with the sentences to run consecutively. Donec aliquet. The second time J.O. An assistant State's Attorney read to the jury the handwritten statement Jason signed. Lara was also charged with resisting lawful arrest, trespass, disobedience to a lawful order of the tribal court, and public intoxication. In July 2008, a hearing was held on R.K.s out-of-court statement. At the time of the offense, R.K. was 5 years old (born September 16, 2002) and defendant was 25 years old. Kathleens bedroom was on the second floor. See Ill.S.Ct. about the matter. independent evidence as required by the rule of corpus delicti. create a case brief of Illinois v. Lara (Ill. App. create a case brief of Illinois v. Lara (Ill. App. Judge Presiding Date of Appeal: Nov. 13, 2012 Date of Judgment: Oct. 17, 2012 OPENING BRIEF OF DEFENDANT-APPELLANT Steven B. Muslin Craig M. Sandberg MUSLIN & SANDBERG 19 S. LaSalle Street, Suite 700 . Luckey then asked her about what happens when defendant licks her pee pee.. 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. We find the trial court did not abuse its discretion in admitting this evidence. 's disclosures. 's disclosures. Defendant had the opportunity to cross-examine the victim in this case, and she answered all of his questions. 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? other than Jasons own confession. The trial court found that [408 Ill.App.3d 735] the questions did not effectively coach J.O. His confession was admitted into evidence; the girl gave statements and testified at trial. to Cordero's home, before school. [99], Justice Clarence Thomas wrote a concurring opinion stating that it was time to re-examine the entire concept of tribal sovereignty. A few days later, when she came back to lie on the floor after going to the bathroom late at night, Jason put his hand inside her panties and on her vagina. Before trial, the prosecution filed a motion seeking to admit at trial testimony about the statements J.O. The trial court found that [408 Ill.App.3d 735] the questions did not effectively coach J.O. was excessive. Here, the supreme court found, the independent
THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTHONY LARA, Defendant-Appellant Fourth District *259 Michael J. Pelletier, Gary R. Peterson, and Stuart H. Shiftman, all of State Appellate Defender's Office, of Springfield, for appellant. What actually constitutes the corpus delicti of murder? Appellant, v. JASON LARA, Appellee. [59] The United States was supported by amicus briefs filed by the State of Washington and seven other states,[fn 14] the State of Idaho and five other states,[fn 15] the National Congress of American Indians,[62] and eighteen Indian tribes. According to her testimony, her roommate and babysitter, Dustin Plitus, watched R.K. and her brother while Kathleen was at work. A three-judge panel of the Circuit Court[fn 12] affirmed the decision of the District Court, holding that the tribe derived its power from its own retained sovereignty that was separate from the sovereignty of the United States. said, Yes, he has but it wasn't Phillip.. 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. However, she testified he was alone with the children once or twice for approximately two hours when she went to the grocery store. Neither the State nor defendant specifically asked R.K. whether defendant put his mouth or tongue on her vagina. Course Hero is not sponsored or endorsed by any college or university. "As 'domestic dependent nations,' Indian tribes possess criminal jurisdiction in Indian Country that is 'complete, inherent, and exclusive,' except as limited by Congress. [93] The decision of the Eighth Circuit Court was reversed in the 72 decision. The State called R.K. as a witness. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. Document Cited authorities 20 Cited in 6 Precedent Map Related. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited 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. whether defendants request for a jury instruction on the lesser-included offense of
At the trial, J.O. Lorem ipsum dolor sit amet, consectetur adipiscing elit. [126] As Justice Souter stated in his dissent, this remains "an area peculiarly susceptible to confusion. said it was outside her vagina on both occasions. He gave a confession, which was admitted into evidence, and the girl gave
Nam risus ante, dapibus a molestie consequat, ultrices ac magna. border. The jury found defendant guilty of predatory criminal sexual assault. [89] Since the power exercised by the Spirit Lake Sioux Tribe was that of inherent tribal sovereignty, double jeopardy did not attach. As we stated earlier, it is easy to see how R.K. would not equate oral sex with touching. Do the two works give you similar or different perspectives on Mesopotam . 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. Luckey testified he interviewed R.K., who was five at the time, at the Child Advocacy Center in Eureka in May 2008. She pushed his hand away and went back to sleep. and C.A. [76], Justice Stephen Breyer delivered the opinion of the court on April 19, 2004. Nam risus ante, dapibus a molestie con
sectetur adipisci
sectetur adipiscing elit. Every document on this site is part of the official caselaw of a court within the as Amici Curiae 45. The. People v. Schmalz, 194 Ill. 2d 75, 80, 740 N.E.2d 775, 778 (2000). [fn 21][108] Thomas noted that a delegation of prosecutorial power is always to an executive branch and that the tribes are not part of any executive branch of the Federal government. [8] In 1872, the Sisseton and Wahpeton bands of the Santee signed a treaty that resulted in their moving to the Spirit Lake Reservation. Jason testified that he never touched J.O. In the 1880s, Congress passed the Major Crimes Act, divesting tribes of criminal jurisdiction in regard to several felony crimes. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 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. Thus, the trial court did not err in denying defendants motion to reconsider its earlier ruling to admit the recorded interview. inappropriately, and he never put his hand in her pants. Garcia-Cordova, 392 Ill. App. Jason now appeals. The defendant is Lara's son, who sleeps at her house. 3d at 483-84, 912 N.E.2d at 294. Touching for a five-year-old is done with fingers and hands. The jurors were each provided a transcript of the videotaped statement while the videotape was played for the jury.
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illinois v lara case brief
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