illinois v lara case brief
[48] While the court noted that the Fifth Amendment allowed prosecution by two separate sovereigns, such as the federal government and a state government, it found that an Indian tribe derived its authority to prosecute offenders from the ICRA, which was federal law. The indictment alleged defendant placed his mouth on R.Ks vagina. 3d at 1000, 838 N.E.2d at 333. Further, Luckey testified he did not believe R.K. had been coached. 1-09-1326. We agree. The doctor had no opinion as to whether Jason suffered a seizure on the day of the arrest. stated defendant placed his mouth on her sex organ and licked inside her pee pee. A reasonable jury could properly have found RK.s statement credible. [126] As Justice Souter stated in his dissent, this remains "an area peculiarly susceptible to confusion. was alone with Phillip. In April 2006, he attended a 40-hour class geared toward preparing individuals to interview children in situations such as this case. What actually constitutes the corpus delicti of murder? This Cook County defendant was charged with committing two counts of predatory
inappropriately, and he never put his hand in her pants. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. All Documents are available in pdf format. The jury was able to assess RK.s credibility because it was able to observe her demeanor in the video and on the witness stand and could consider any conflicts or inconsistencies in her testimony. Luckey testified he interviewed R.K., who was five at the time, at the Child Advocacy Center in Eureka in May 2008. independent evidence as required by the rule of corpus delicti. [6] The war between the tribes continued until at least the 1850s. He did not interview R.K. or anyone else living at the residence. 's out-of-court statements. 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. to Cordero's home, before school. We disagree with defendants characterization of Officer Luckeys interview technique. Defense counsel argued to the jury the State failed to prove its case beyond a reasonable doubt because R.K. testified defendant had never touched her with anything beside his hand. Defendant called Marshall Smith, a deputy with the Woodford County sheriffs department. According to the written statement, he said that on the first occasion, while J.O. [104] [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. [58] He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress. Kathleen called the Child Advocacy Center, which referred her to the Department of Children and Family Services (DCFS) and the police. criminal sexual assault on an eight-year-old girl on two separate dates in January of 2005,
About; License; Lawyer Directory; Projects. 3d at 480, 912 N.E.2d at 291. J.O. Decided: June 28, 2010. Course Hero is not sponsored or endorsed by any college or university. School University of North Carolina, Pembroke Course Title CRJ 3000 Uploaded By ConstableComputerWaterBuffalo2326 Pages 2 Ratings 100% (3) After the arrest, Jason spent some hours locked in a cell. [114] Souter believed that the only two ways that the tribes could regain their sovereignty would be for Congress to declare that they were independent of the United States, as it did with the Philippines, or for the Court to overturn the concept of a dependent domestic sovereign. and C.A. about the matter. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. See Ill.S.Ct. 3d 995, 1000, 838 N.E.2d 328, 333 (2005). She testified defendant had to leave her house between 5:30 and 6 a.m. to get to work. 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. Cordero told Augustina what Jason had said. She woke up and took her sister with her as she went to spend the rest of the night in Shelley's room. Case Situation: The defendant, Jason Lara was found guilty of 2 counts of predatory criminal sexual assault against an eight-year-old girl, J.O. As we stated earlier, Luckey asked open-ended questions, to which R.K. responded. Jason raises six separate arguments on appeal. [fn 10][37] The Federal District Court, with Magistrate Judge Alice R. Senechal sitting by consent, denied the motions and Lara entered a conditional guilty plea, reserving the right to appeal. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. 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. 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. [68] It was noted that members of Indian tribes were at the same time United States citizens, and protected under the constitution in the same manner as any other citizen. 1st Dist. create a case brief of Illinois v. Lara (Ill. App. The appellate court held that the rule of corpus delicti required the state to produce independent evidence of the elements of penetration (the girls descriptions did not), and that insufficient independent evidence was presented to support the convictions. He admitted that in January 2005, on two separate occasions, he put his hand in J.O. His confession was admitted into evidence; the girl gave statements and testified at trial. 's answers. When he awoke, he could not stand straight. aggravated criminal sexual abuse and remanded for resentencing. 1st Dist. [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. 3d 786, 791, 780 N.E.2d 807, 811 (2002), affd, 215 Ill. 2d 194, 830 N.E.2d 484 (2005). Refer to Figure 2. Luckey testified he did not believe R.K. had been coached prior to the interview. Briefs for Cases Set for Oral Argument During March 2022 Term Tuesday, March 15, 2022 - 9:00 AM Case No. Are they all necessary to ensure justice? 3d at 483-84, 912 N.E.2d at 294. [56] Olson noted that the legislative history of the Duro fix bill clearly indicated that Congress intended to restore, not delegate, authority to prosecute non-member Indians by a tribe. She testified R.K. and defendant got along well together and R.K. considered defendant her friend. 1st Dist. Garcia-Cordova, 392 Ill. App. Section 12 12(f) of the Code defines sexual penetration as any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. 720 ILCS 5/12 12(f) (West 2006). In August 2008, the trial court granted the States motion to admit R.Ks out-of-court statement, provided R.K. testified at trial. [fn 1] In the east, the Santee was originally from the Minnesota area. People v. Lara Annotate this Case. Donec aliquet. On remand the appellate court must also consider whether defendants request for a jury instruction on the lesser-included offense of aggravated criminal sexual abuse had been improperly denied and, if it was not required, whether the sentence was excessive. Because the court found the child did not testify at trial and defendant had no prior opportunity for cross-examination, our supreme court held admission of the videotaped statement violated defendants right to confront his accuser. . Tribal court authority has been altered by the U.S. government for decades, affecting jurisdictional powers. and C.A. Harvard asserts no copyright in caselaw retrieved from this site. See 725 ILCS 5/11510(c) (West 2008). Jason testified that he never touched J.O. [100] He noted that doubtful precedents stated that Congress, and not another part of the government had the power to regulate everything that a tribe could or could not do, which renders tribal sovereignty a "nullity. She did not tell her mother or Shelley about either incident because she thought she would get in trouble. When asked how many times defendant had touched her bottom body, she said 100., When asked by the State, Did he touch you with anything else beside his hand, R.K. answered, No. She said she told defendant to quit it when he touched her. Appellate Court of Illinois, First District, Third Division. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. [fn 9] Soon after, federal prosecutors charged Lara with assault on a federal officer[32] and a federal grand jury indicted him. Nam risus ante, dapibus a molestie consequat,
sectetur adipiscin
sectetur adipiscing elit. M02 Discussion - Illinois v. Lara (Ill. App. Nam lacinia pulvinar tortor nec facilisis. Shelley and Jason came to Cordero's home. 3d at 1094, 909 N.E.2d at 409-10. slept at Shelley's home, where Shelley's son, Jason, also slept. In Justice Thomas's conclusion at the end of this case, he stated, "History points in both directions. may be used to prove the corpus delicti. He testified that he might have had an epileptic seizure in the cell without realizing it. At the trial, J.O. Nam
sectetur adipiscing elit. Subscribers are able to see a visualisation of a case and its relationships to other cases. [49] This meant that double jeopardy attached. 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. Any inconsistencies between RK.s trial testimony and her recorded interview affect only the weight and not the admissibility of the recorded interview. However, as to R.K.s availability as a witness, the following exchange occurred: The court noted it had previously found the time, content, and circumstances of R.Ks recorded statement to be reliable. Defendant was free to, and did, argue these inconsistencies to the jury. He fell asleep. 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. [89] Since the power exercised by the Spirit Lake Sioux Tribe was that of inherent tribal sovereignty, double jeopardy did not attach. The jury convicted him of both offenses and he received Nam lacinia pulvinar tortor nec facilisis. Recognize attempt statutes and penalties 7. The reservation was originally known as Devil's Lake Reservation. to give the answers she gave, and therefore, the statements were sufficiently reliable for admission into evidence under section 11510 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/11510(a), (b) (West 2008)). Reed, 361 Ill. App. In general, during any trial, an attorney does not want to ask a question if he does not know how the witness will answer. [69] Reichert stated that Duro was decided as a constitutional issue, not as a matter of common law, and it was the Court's place to determine the issue, not the place of Congress. Thus, the trial court did not err in denying defendants motion to reconsider its earlier ruling to admit the recorded interview. The trial court found that [408 Ill.App.3d 735] the questions did not effectively coach J.O. Detective Linda Paraday, who watched Kato interview J.O., testified about that questioning and J.O. "[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. We need not address this hypothetical argument because it is not applicable to the facts of this case. [66] He stated that it was the place of the Supreme Court, not Congress, to determine the inherent sovereignty of the tribe. 1st Dist. He could not make much sense of what the officers had tried to say to him. 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)). His confession was admitted into evidence; the girl gave statements and 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. 2 The Supreme Court of Illinois denied defendant's petition for leave to appeal but issued a supervisory order (People v. Lara, No. 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 Bookmarked 0 CRIM 211 M02 Discussion.docx Viewing now Bookmark it to view later. Upload your study docs or become a Indians are very integrated across tribal boundaries, intermarrying across tribes and sharing child and medical care services across tribes. Glaub observed Luckeys interview of R.K. Glaub testified there was no indication R.K. had *264been coached. Further, defendant had the opportunity to cross-examine her. [46] Judge Hansen dissented, believing that the tribe drew its authority to try Lara from the federal government. She pushed his hand away and went back to sleep. this rule required the State to produce independent evidence of the elements of penetration Kathleen said she and R.K. had never talked about any type of sexual matters prior to this. [111] Souter stated that the decision in this case did not align with precedent established in previous cases. Your case brief should contain the following elements (and those elements should be separated into sections: Unlock access to this and over 10,000 step-by-step explanations. Here, the supreme court found, the independent When asked by the State if defendant had touched her with any part of his body beside his hand, R.K. answered, No. However, a five-year-old child most likely would not equate oral sex with touching. Shelley and Jason came to Cordero's home. 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. Case Brief 1.docx - Brewer v. Williams 430 U.S. 387 1977 The Parties: 5th Judicial District Court Polk County Iowa Defendant Robert Case Brief 1.docx - Brewer v. Williams 430 U.S. 387 1977 . You can explore additional available newsletters here. The appellate court held that Nam lacinia pulvinar tortor nec facilisis. | 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. The request was granted, and the full court reversed the decision of the three-judge panel, ordering that the federal indictment be dismissed on the grounds of double jeopardy.
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