convictions, reducing them to the lesser-included offense of aggravated criminal sexual abuse and remanding the cause for resentencing. However, she testified he was alone with the children once or twice for approximately two hours when she went to the grocery store. [fn 20][84] Congress has done both, such as in the withdrawal of federal recognition of the Menominee tribe with the Menominee Termination Act[85] in 1954, and the Menominee Restoration Act[86] to restore tribal recognition and powers. She testified most of the time, she did not leave the children alone with defendant. The defendant is Lara's son, who sleeps at her house. 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. We have found no error in admitting the statement. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. 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. Illinois Supreme Court | THE PEOPLE OF THE STATE OF ILLINOIS. That defense counsel chose not to cross-examine R.K. on these issues does not translate to a lack of opportunity to do so. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. Shelley and Jason came to Cordero's home. Lara's status as an overnight guest is enough alone to show that he had a legitimate expectation of privacy "in the premises" which is protected by the Fourth Amendment. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. [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. [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. It reduced them to the lesser-included offenses of
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. She pushed his hand away and went back to sleep. In the recorded interview, RK. 3d at 1081, 909 N.E.2d at 400. create a case brief of Illinois v. Lara (Ill. App. CRIM 211 Criminal Law - Ivy Tech Community College, Indianapolis 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. 05 CR 6444 Honorable Kenneth J. Wadas, Judge Presiding. The appeal of Lara is automatic. [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. Agustina P. had two children, J.O and C.A, who would often stay with Shelley Lara, , 2005, J.O told Cordero Jason had touched her inappropriately, and. Basically means criminal law is what conducts criminal and violations of the criminal law as referred to as a crime. People v. Lara :: 2011 :: Illinois Appellate Court, First District whether defendants request for a jury instruction on the lesser-included offense of
consecutive terms of 10 and 8 years. Document Cited authorities 20 Cited in 6 Precedent Map Related. A court must interpret a statute so as to uphold its constitutionality if reasonably possible. 2023 Course Hero, Inc. All rights reserved. Defendant also argues the trial court abused its discretion by allowing R.K.s videotaped statement to be shown to the jury. 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. Kathleen testified she left for work at 4 a.m. Dustin and defendant would be sleeping on the second floor when she left. Defendants argument on this issue succeeds only if the trial court erred in admitting the videotaped statement. and C.A. Explain the positive contributions of firms to society. In the 1880s, Congress passed the Major Crimes Act, divesting tribes of criminal jurisdiction in regard to several felony crimes. [126] As Justice Souter stated in his dissent, this remains "an area peculiarly susceptible to confusion. [fn 9] Soon after, federal prosecutors charged Lara with assault on a federal officer[32] and a federal grand jury indicted him. [50] The United States then appealed to the Supreme Court, which granted certiorari to hear the case. When asked which parts, R.K. pointed down. Pellentesque dapibus efficitur laoreet. Instead, J.O. Lorem ipsum dolor sit amet, consectetur adipiscing elit. 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. [112] Since Duro held that the tribes had lost their inherent sovereignty, the only way for the tribes to regain jurisdiction over non-member Indians would be by the delegation of that jurisdiction by Congress. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. 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. The following morning, Augustina asked Cordero to talk to J.O. An attorneys performance must be evaluated from counsels perspective at the time the contested action was taken and will be considered constitutionally deficient only if it is objectively unreasonable under prevailing professional norms. People v. Bailey, 232 Ill. 2d 285, 289, 903 N.E.2d 409, 412 (2009). Task 4.1 Meet with Stakeholders Meeting Minutes Date: Time: Location: Purpose of the meeting . 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. [57] The government argued that the limitation in Duro was a statutory limitation of the tribe's sovereignty, not a constitutional limit, and that Congress had the authority to remove that limitation. She testified R.K. and defendant got along well together and R.K. considered defendant her friend. [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.. of Criminal Defense Lawyers. 2 The Supreme Court of Illinois denied defendant's petition for leave to appeal but issued a supervisory order (People v. Lara, No. 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. Nam risus ante, dapibus a molestie con
sectetur adipisci
sectetur adipiscing elit. Cordero told Augustina what Jason had said. Kathleen testified she still loved defendant. What actually constitutes the corpus delicti of murder? Appellate Court of Illinois,Fourth District. Court: United States Appellate Court of Illinois: . Learn more. A. Constitutionality of Section 115 10 of the Code. Appellate Court of Illinois, First District, Third Division. Augustina P. had two children, J.O. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. The court also stated defendant could have emphasized the issue of the childs credibility to the jury. Syllabus. Touching for a five-year-old is done with fingers and hands. School University of North Carolina, Pembroke Course Title CRJ 3000 Uploaded By ConstableComputerWaterBuffalo2326 Pages 2 Ratings 100% (3) The jury convicted him of both offenses and he received
[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. [95], Justice Anthony Kennedy wrote a concurrence which stated that Congress was very careful to base the changes to the statute on inherent tribal powers and not on a delegation of authority. Garcia-Cordova, 392 Ill. App. The PEOPLE of the State of Illinois, PlaintiffAppellee, [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. evidence corroborating every element of the charged offenses before a defendants statement
Nam lacinia pulvinar tortor nec facilisis. Defendant argues his trial counsel was ineffective because he did not argue R.K. was unavailable as a witness and her videotaped statement was therefore inadmissible. The trial court sentenced him to terms of 10 years and 8 years in prison, with the sentences to run consecutively. Plaintiff. 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. At the trial, J.O. In September 2008, a jury found defendant guilty of predatory criminal sexual assault (720 ILCS 5/12 14.1(a)(1) (West 2006)). 1st Dist. create a case brief of Illinois v. Lara (Ill. App. "[116] Souter concluded that he would stand by the decisions made in Duro and Oliphant. Pellentesque dapibus efficitur laoreet. "[92] The decision allowed both courts to prosecute Lara. 3d 1072, 909 N.E.2d 391 (2009). End of preview. Augustina's sister brought J.O. The indictment alleged defendant placed his mouth on R.K.s vagina. Definition of Search Bond v. U.S. Steagald v. U.S. R.K. testified defendant would stand and look at her when he was not touching her. The appellate court held that
However, the State also introduced RK.s recorded interview and the recorded interview was admitted as substantive evidence. She also testified his hands were outside her underwear. Nam lacinia pulvinar tortor nec facilisis. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. 1st Dist. 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. [58] He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress. R.K. answered all of defense counsels questions. The child appeared at trial, testified under oath, made an in-court identification of the defendant, and recalled speaking with the DCFS investigator. The child testified she made several drawings during her meetings with the DCFS investigator, some of which she identified *270during her testimony. 1st Dist. create a case brief of Illinois v. Lara (Ill. App. 1st Dist. The State's evidence, apart from the confession, supported a finding of only the lesser-included offense of aggravated criminal sexual abuse (ACSA). 1st Dist. Jason Lara, was found guilty of two counts of, predatory criminal sexual assault for inserting his finger into the vagina of an eight-, year-old girl. May 1, 2007). Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. [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. Is it in the nature of an affirmative defense, or does a, create a case brief of Illinois v. Lara (Ill. App. interpretation of the corpus delicti rule, holding that the State need not present independent
said that on two occasions about a month earlier, Jason had touched her private part.. In June 2008, a grand jury indicted defendant, charging him with predatory criminal sexual assault for committing an act of sexual *260penetration on R.K. between July 13, 2007, and May 7, 2008. People v. Lara Annotate this Case. After viewing the videotape, we do not find the trial court abused its discretion in finding the time, content, and circumstances of the statement provide sufficient safeguards of reliability (725 ILCS 5/115 10(b)(1) (West 2006)). He did not interview R.K. or anyone else living at the residence. [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. M02 Discussion.docx - M02 Discussion - Illinois v. Lara [26] The Spirit Lake Reservation is approximately 90 miles (140km) south of the Turtle Mountain Indian Reservation. Luckey testified he interviewed R.K., who was five at the time, at the Child Advocacy Center in Eureka in May 2008. As our supreme court has stated, it is for the fact finder to judge how flaws in part of the testimony affect the credibility of the whole as long as its judgment is reasonable in light of the record. 's answers. Course Hero is not sponsored or endorsed by any college or university. United States V. Lara Jason admits on two separate occasions in January of 2005 he touched J.O. whether his combined 18-year term for the two predatory criminal sexual abuse convictions
slept at Shelley's home, where Shelley's son, Jason, also slept. After R.K. testified, the trial court heard arguments outside the presence of the jury regarding R.Ks videotaped statement. 's out-of-court statements. Augustina P. had 2 children. 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. Because the State is the proponent of the out-of-court statement sought to be admitted pursuant to section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)), the State bore the burden of establishing the statement was reliable and not the result of adult prompting or manipulation. Sharp, 391 Ill. App. said Jason had touched her inappropriately. 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. STATE v. LARA (2000) | FindLaw J.O. 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. When she came back, Jason again put his hand on her vagina. Augustina came into the bedroom to talk to J.O., and again J.O. Jason testified that he never touched J.O. Officer Luckey testified he was a police officer with the City of Eureka and had been a police officer for 20 years. The doctor had no opinion as to whether Jason suffered a seizure on the day of the arrest. When he awoke, he could not stand straight. 3d at 115, 915 N.E.2d at 35. Defendant contends his counsel would have had to ask her to admit she made the statement to Officer Luckey, thereby implicating defendant. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. On appeal, the Illinois Supreme Court did not agree with the appellate court on the
In addition, the record contains no possible motive for R.K. to fabricate these allegations. issues. 's pants and touched her vagina. Any inconsistencies between RK.s trial testimony and her recorded interview affect only the weight and not the admissibility of the recorded interview. View The second time J.O. 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. Subscribers are able to see any amendments made to the case. The doctor had no opinion as to whether Jason suffered a seizure on the day of the arrest. [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. Pellentesque dapibus efficitur laoreet. The federal government has exclusive jurisdiction as regards the states, however, the Indian tribes retain. said Jason had touched her inappropriately. 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. Sometimes J.O. She pointed to her vagina. 3d at 480, 912 N.E.2d at 291. [fn 3], In response to Ex Parte Crow Dog, Congress passed the Major Crimes Act in 1885. Neither the State nor defendant specifically asked R.K. whether defendant put his mouth or tongue on her vagina. Kato specifically asked whether Jason put his hand inside her, and J.O. According to her testimony, her roommate and babysitter, Dustin Plitus, watched R.K. and her brother while Kathleen was at work. 3d at 1000, 838 N.E.2d at 333. 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)). An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Defense counsel argued R.K. did not testify to the elements charged in this case. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. Case Situation.docx - Case Situation: The defendant Jason Lara was [66] He stated that it was the place of the Supreme Court, not Congress, to determine the inherent sovereignty of the tribe. RULINGS/HOLDINGS The court finds that evidence and interviews support the findings of ACSA but not PCSA. 2011), Your case brief should contain the following elements (and those elements should be separated into sections: Case citation Facts of the case Procedural History Issue (s) Rule (s)/Holding (s) Rationale Law Social Science Criminal Justice CRIMINAL JUSTICE 211 Comments (2) Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. 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. She did not tell her mother or Shelley about either incident because she thought she would get in trouble. PDF No. 3-12-0947 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT - NORML [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. He could not make much sense of what the officers had tried to say to him. 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. 's father. 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. made to Augustina, Cordero and Kato. R.K. had her own bedroom on the first floor of the house. 126682 People State of Illinois, Appellee, v. Harold Blalock, Appellant. 3d at 483, 912 N.E.2d at 294. [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. 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)). He was assigned to investigate the allegations involving R.K. Glaub also testified he requested a physical exam of R.K. be performed. 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. "[102] He noted that such authority was not in the Indian Treaty Clause[103] nor the Indian Commerce Clause. After the arrest, Jason spent some hours locked in a cell. of Nat'l Assoc. Carey Kato, a forensic interviewer working for the Children's Advocacy Center, interviewed J.O. Crow Dog was ordered released, having made restitution under tribal law to Spotted Tail's family. The crimes covered were murder, manslaughter, rape, assault with intent to commit murder, arson, burglary, and larceny. 3d at 955, 909 N.E.2d at 978, quoting People v. Cookson, 335 Ill. App. 12&13 Questions.docx 1 pages Case Breif.docx 4 pages Judical Project.docx 8 pages Ch. The Appellate Court of Illinois affirmed and the Supreme Court of Illinois denied leave to appeal. During R.Ks interview with Luckey, Luckey asked her if there were places on her body other people should not touch. According to the written statement, he said that on the first occasion, while J.O. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. For example, some states have abandoned the insanity defense and the U.S .Supreme Court. The doctor testified that epileptics often remain confused for hours after a seizure. {{meta.fullTitle}} People v. Reed, 361 Ill. App. Augustina's sister brought J.O. The following year, Congress passed a law that stated that Indian tribes, because of their inherent sovereignty, had the authority to try non-member Indians for crimes committed within the tribe's territorial jurisdiction. As we stated earlier, it is easy to see how R.K. would not equate oral sex with touching. In general, during any trial, an attorney does not want to ask a question if he does not know how the witness will answer. 322. criminal sexual assault on an eight-year-old girl on two separate dates in January of 2005,
As for the alleged inconsistencies and contradictions, the jury obviously found her statements regarding the alleged conduct credible. The State called R.K. as a witness. 1st Dist. In: Michigan Bar Journal from July 2004, pages 24-27, here page 24", Ode to Billy Jo, The Supreme Court's latest look into Indian law, 1 Punch, 2 Prosecutions, No Double Jeopardy, Justices Rule, https://en.wikipedia.org/w/index.php?title=United_States_v._Lara&oldid=1114047927, Breyer, joined by Rehnquist, Stevens, O'Connor, Ginsburg.
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