illinois v lara case brief
People v. Lara :: 2011 :: Illinois Appellate Court, First District However, when the State asked R.K. if she liked defendant, she said no because he did something wrong. CITATION OF CASES DOES NOT INCLUDE . In the present case, Lara was an overnight guest in the Wortman home at the time of the search. The doctor testified that epileptics often remain confused for hours after a seizure. CRIM 361 Chapter I (Question for Discussion).docx - Chapter 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. PEOPLE v. LARA (2010) | FindLaw As we stated earlier, it is easy to see how R.K. would not equate oral sex with touching. In this case, R.Ks testimony at trial was not so much inconsistent with the videotaped statement as it was less complete than the previous statement. He testified that he might have had an epileptic seizure in the cell without realizing it. United States Appellate Court of Illinois, 946 N.E.2d 516,349 Ill.Dec. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. 1st Dist. Touching for a five-year-old is done with fingers and hands. View Strickland v. Washington, 466 U.S. 668, 80 L. Ed. This case has been the subject of numerous law review articles since the decision was made. 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. School Ivy Tech Community College, Indianapolis Course Title CRIM 211 Uploaded By BailiffPorpoise1040 Pages 1 Cordero took J.O. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. 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. The. 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. Indian country was defined as all reservation land, all dependent Indian communities, and all Indian allotments. Before trial, the prosecution filed a motion seeking to admit at trial testimony about the statements J.O. The child appeared at trial, testified under oath, made an in-court identification of the defendant, and recalled speaking with the DCFS investigator. [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. 1st Dist. Illinois v. Lafayette, 462 U.S. 640 (1983) - Justia Law than the defendants own self-incriminating statement. Module 6: Ch'l4 Homework 6 a Saved Help Save & Exil. Laras appeal is affirmed by the Supreme Court of Illinois. You can explore additional available newsletters here. was alone with Phillip. 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. [fn 8][30] Lara pleaded guilty to the tribal charge of "violence to a policeman". woke up. It reduced them to the lesser-included offenses of
[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. Garcia-Cordova, 392 Ill. App. MEYERSCOUGH, EJ., and TURNER, J., concur. [99], Justice Clarence Thomas wrote a concurring opinion stating that it was time to re-examine the entire concept of tribal sovereignty. Kato specifically asked whether Jason put his hand inside her, and J.O. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee. The victim in this case, R.K., took the stand and offered meaningful testimony. In April 2006, he attended a 40-hour class geared toward preparing individuals to interview children in situations such as this case. Kitch, 392 Ill. App. Lara, 402 Ill. App. Kagama. This Cook County defendant was charged with committing two counts of predatory
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. Court: United States Appellate Court of Illinois: . VLEX uses login cookies to provide you with a better browsing experience. [109], Justice David Souter wrote a dissenting opinion, which was joined by Justice Antonin Scalia. Nothing about her trial testimony rendered her prior statement unreliable. 408 Ill.App.3d 732946 N.E.2d 516349 Ill.Dec. Pellentesque dapibus efficitur lao
sectetur
sectetur adipiscing elit.
sectetur adipiscing elit. Advanced A.I. [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. The trial court sentenced him to terms of 10 years and 8 years in prison, with the sentences to run consecutively. After respondent was arrested for disturbing the peace, he was taken to the police station. The court refused Jason's request for an instruction on the lesser-included offense of ACSA. Breyer noted the many shifts in federal Indian policy, from removal to self-determination, the last of which substantially relaxed prior restrictions that Congress had placed on the tribes. Detective Linda Paraday, who watched Kato interview J.O., testified about that questioning and J.O. 1st Dist. The defendant is Lara's son, who sleeps at her house. School University of North Carolina, Pembroke Course Title CRJ 3000 Uploaded By ConstableComputerWaterBuffalo2326 Pages 2 Ratings 100% (3) 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. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. [7] Only after 1862, when the Santee rose up against the whites and were subsequently removed to the Dakota Territory, did the fighting cease. The court found the interview contained sufficient safeguards of reliability. However, the State also introduced RK.s recorded interview and the recorded interview was admitted as substantive evidence. 3d at 955, 909 N.E.2d at 978, quoting People v. Robertson, 312 Ill. App. 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. Pellentesque dapibus efficitur laoreet. i Fourth Amendment . slept at Shelley's home, where Shelley's son, Jason, also slept. The jury convicted him of both offenses and he received He received consecutive terms of 10 and 8 years. 2011) Case Brief. R.K. testified she considered defendant her friend. He admitted that in January 2005, on two separate occasions, he put his hand in J.O. Nam lacinia pulvinar tortor nec facilisis. inappropriately, and he never put his hand in her pants. create a case brief of Illinois v. Lara (Ill. App. (b) Such testimony shall only be admitted if: (1) The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and, (A) testifies at the proceeding; * * * [and]. 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. Appellate Court of Illinois,Fourth District. "[124] Thomas further stated, "Federal Indian policy, is, to say the least, schizophrenic. When asked which parts, R.K. pointed down. Not yet answered Select one: Marked out of O a. Accordi . The State's evidence, apart from the confession, supported a finding of only the lesser-included offense of aggravated criminal sexual abuse (ACSA). A grand jury indicted Jason on 11 separate counts for sex crimes against J.O., and prosecutors chose to try him on 2 counts of PCSA (720 ILCS 5/1214.1(a)(1) (West 2004)). [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. The court also stated defendant could have emphasized the issue of the childs credibility to the jury. 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. later that day. 1st Dist. create a case brief of Illinois v. Lara (Ill. App. [88] The decision in Duro was one of federal common law, and it is clear that Congress has the power to change that law. Is it in the nature of an affirmative defense, or does a, create a case brief of Illinois v. Lara (Ill. App. Defendant also argues the trial court abused its discretion by allowing R.K.s videotaped statement to be shown to the jury. when he was 19. was sleeping on the floor after having been brought overnight for babysitting by defendants grant of summary judgment on statute of limitations grounds was a decision on the merits and precluded class decertification. Want to read the entire page? Augustina is the mother of J.O. said Jason, not Phillip, had touched her private part.. 's out-of-court statements. The court refused Jason's request for an instruction on the lesser-included offense of ACSA. Donec aliquet. Nam lacinia pulvinar tortor nec facilisis. Kathleen testified R.K. told her about the allegations against defendant in the car when she and R.K. were alone. Press Ctrl + / (Windows, Chrome OS) or + / (Mac) to jump to the Tools menu. Conspiracies and how attachment works for certain crimes, drug trafficking, RICO, etc. into a bedroom and asked her if Phillip had ever touched her in a way that made her uncomfortable. [23] This legislation became known as the "Duro fix",[24] and was based on tribal sovereignty rather than a federal delegation of power. 12&13 Questions.docx 1 pages Case Breif.docx 4 pages Judical Project.docx 8 pages Ch. 's answers. Sign up for our free summaries and get the latest delivered directly to you. A. Constitutionality of Section 115 10 of the Code. This is understandable in light of her tender years and the passage of time. Identify criminal defenses and how they apply 5. [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 Cordero's home, before school. Sometimes J.O. She pushed his hand away and went back to sleep. At the time of the offense, R.K. was 5 years old (born September 16, 2002) and defendant was 25 years old. She said she had never seen defendant do anything inappropriate to R.K. R.K. testified defendant would stand and look at her when he was not touching her. 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. delicti. However, she testified he was alone with the children once or twice for approximately two hours when she went to the grocery store. Walker, 236 Neb. [408 Ill.App.3d 737] (3) * * * [T]he out of court statement was made * *, Request a trial to view additional results. but his testimony at trial denied any inappropriate behavior. Jason now appeals. 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. 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. 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) [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. {{meta.fullTitle}} In August 2008, the trial court granted the States motion to admit R.Ks out-of-court statement, provided R.K. testified at trial. Following Officer Luckeys testimony, the State rested. 1st Dist. said Jason had touched her inappropriately. The issue is in this case is whether the state was able to provide any evidence other. After the arrest, Jason spent some hours locked in a cell. Upload your study docs or become a 3d 468, 912 N.E.2d 280 (2009). Augustina, who worked many evenings, often asked her friend, Shelley Lara, to look after her two children. Download PDF. He gave a confession, which was admitted into evidence, and the girl gave may be used to prove the corpus delicti. 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. About; License; Lawyer Directory; Projects. said that on two occasions about a month earlier, Jason had touched her private part.. Kathleens bedroom was on the second floor. 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. (b).) 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. about the matter. 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. To establish ineffective assistance of counsel, defendant must establish (1) his counsels performance was so deficient the attorney was not functioning as counsel guaranteed by the sixth amendment to the United States Constitution, and (2) he was prejudiced by the deficient performance. Augustina worked evenings. Illinois v. McArthur Michigan v. Summers Payton v. New York U.S. v. Place II SEARCH a. The trial then resumed. Illinois v. Lafayette. See People v. Sharp, 391 Ill. App. Shelley and Jason came to Cordero's home. R.K. stated defendant was not wearing facial jewelry when he touched her down there. She said defendant did not take off any of his clothes when he touched her down there, nor did he take off any of her clothes. Lorem ipsum dolor sit amet, consectetur adipiscing elit. 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. She testified her children were present in the home when defendant spent nights there. At the trial, J.O. The crimes covered were murder, manslaughter, rape, assault with intent to commit murder, arson, burglary, and larceny. As we stated earlier, Luckey asked open-ended questions, to which R.K. responded. [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. She did not tell her mother or Shelley about either incident because she thought she would get in trouble. 's answers. Subscribers are able to see the revised versions of legislation with amendments. R.K. testified defendants hands touched her below her clothes. 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. R.K. testified she told her mother, while riding in the car with her, what defendant had done to R.K. When he awoke, he could not stand straight. whether his combined 18-year term for the two predatory criminal sexual abuse convictions 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). {{meta.fullTitle}} Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. [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. 's disclosures. We agree. What is the difference, What was the most difficult challenge faced by the colonists who established Jamestown? The doctor testified that epileptics often remain confused for hours after a seizure. The confession admitted that he had penetrated the victim, an element of the offenses, Carey Kato, a forensic interviewer working for the Children's Advocacy Center, interviewed J.O. and C.A. People v. Lara, 402 Ill. App. 3d 257 (2010) | Caselaw Access Project The grand jury indicted defendant on the charge of predatory criminal sexual assault of a child. Pellentesque dapibus effic
. said, Yes, he has but it wasn't Phillip.. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. United States v. Lara - Wikipedia 3d at 484, 912 N.E.2d at 294. On appeal, he argued that the to Cordero's home, before school. 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. Augustina P. had 2 children. See 725 ILCS 5/11510(c) (West 2008). The videotaped interview and a transcript of the interview were admitted into evidence. The State's evidence, apart from the confession, supported a finding of only the lesser-included offense of aggravated criminal sexual abuse (ACSA). Since separate sovereign bodies had filed the charges, double jeopardy did not apply to Lara's case. [39] Lara also argued that the Petite doctrine,[fn 11] if applied, would preclude his prosecution, and that since it was never applied to federal prosecutions following convictions in tribal court, it discriminated against Indians. 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. Paraday admitted that when Kato interviewed J.O., J.O. Pellentesque dapibus efficitur laoreet.sectetur adipiscin
sectetur adipiscing elit. Further, defendant had the opportunity to cross-examine her. Defendants argument is similar to an argument made by the defendant in People v. Garcia-Cordova, 392 Ill. App. The parties stipulated that in January 2005 Jason was 19 years old. evidence corroborating every element of the charged offenses before a defendants statement
In the case at bar, defendant was not deprived of an opportunity to cross-examine R.K. She answered all of defendants questions on cross-examination. made to Augustina, Cordero and Kato. 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. People v. Lara, No. 1-09-1326. - Illinois - Case Law - VLEX 885595696 Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. No. Augustina, who worked many evenings, often asked her friend, Shelley Lara, to look after her two children. 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. Lara was also charged with resisting lawful arrest, trespass, disobedience to a lawful order of the tribal court, and public intoxication. Donec aliquet. CRIM 211 Criminal Law - Ivy Tech Community College, Indianapolis [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. 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. [104] She also testified his hands were outside her underwear. [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. Every document on this site is part of the official caselaw of a court within the 462 U.S. 640. Nam
sectetur adip
sectetur adipiscing elit. Pe
sectetur adipiscing elit. The following morning, Augustina asked Cordero to talk to J.O. For example, some states have abandoned the insanity defense and the U.S .Supreme Court. In addition, the record contains no possible motive for R.K. to fabricate these allegations. [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. She also testified who was depicted in the drawings she was able to identify. The appellate court held that
Jason appealed his conviction, arguing that the State had failed to prove, the corpus delicti of the offense, because they had failed to present any evidence. JUSTICE NEVILLE delivered the judgment of .
Sturgill Funeral Home Obits,
Dean Norris Salary Breaking Bad,
Justin Rumble Death 2021 Modesto, Ca,
Bay Area News Group Obituaries,
Articles I