Souter referenced prior cases dealing with sovereignty and jurisdiction, from the decision made in United States v. Kagama,[110] to the opinion made in South Dakota v. "[92] The decision allowed both courts to prosecute Lara. [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. We affirm. 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. and C.A. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. ACCEPT. Nam lacinia pulvinar tortor nec facilisis. Kathleens bedroom was on the second floor. 2d 177, 124 S. Ct. 1354 (2004). 3d 995, 1000, 838 N.E.2d 328, 333 (2005). Compare the Epic of Gilgamesh withEnumaElish. Document Cited authorities 20 Cited in 6 Precedent Map Related. confession should not have been admitted because it was not sufficiently corroborated by 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. and C.A. later that day. Donec aliquet. Appellate Court of Illinois, First District, Third Division. Criminal liability 8. R.K. testified defendant would stand and look at her when he was not touching her. Neither the State nor defendant specifically asked R.K. whether defendant put his mouth or tongue on her vagina. Kathleen called the Child Advocacy Center, which referred her to the Department of Children and Family Services (DCFS) and the police. of Criminal Defense Lawyers. The doctor testified that epileptics often remain confused for hours after a seizure. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony LARA, Defendant-Appellant. No one at trial asked her directly if defendant licked her pee pee.). The trial court found that [408 Ill.App.3d 735] the questions did not effectively coach J.O. ", This page was last edited on 4 October 2022, at 14:40. She testified most of the time, she did not leave the children alone with defendant. You also get a useful overview of how the case was received. Lara was sentenced to 90 days in jail for the tribal offense. [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. Refer to Figure 2. United States Appellate Court of Illinois, 946 N.E.2d 516,349 Ill.Dec. The defendant is Lara's son, who sleeps at her house. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. Tribal court authority has been altered by the U.S. government for decades, affecting jurisdictional powers. In the present case, Lara was an overnight guest in the Wortman home at the time of the search. In the recorded interview, RK. 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. [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. 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. The appeal of Lara is automatic. MEYERSCOUGH, EJ., and TURNER, J., concur. 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. According to Luckey, he had conducted between 30 and 50 interviews with children alleged to be victims of sexual or physical abuse. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jason LARA, Defendant-Appellant. Pellentesque dapibus efficitur laoreet.

sectetur adip
sectetur adipiscing elit. Jason testified that he never touched J.O. 1st Dist. Officer Luckey testified he was a police officer with the City of Eureka and had been a police officer for 20 years. Br. 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. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. His confession was admitted into evidence; the girl gave statements and testified at trial. At the trial, 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. We need not address this hypothetical argument because it is not applicable to the facts of this case. Subscribers are able to see a visualisation of a case and its relationships to other cases. In general, during any trial, an attorney does not want to ask a question if he does not know how the witness will answer. "[116] Souter concluded that he would stand by the decisions made in Duro and Oliphant. Press escape to return to last selected case text. Luckey testified he interviewed R.K., who was five at the time, at the Child Advocacy Center in Eureka in May 2008. Walker, 236 Neb. 3d at 955, 909 N.E.2d at 978. Appellate Court of Illinois,Fourth District. (b).) Course Hero is not sponsored or endorsed by any college or university. 3d at 115, 915 N.E.2d at 35. She said, Theyre not supposed to lick my pee pee. When asked if anyone had ever licked her pee pee, R.K. said, [Defendant] did. She said sometimes defendant spent the night at her house. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources Jason Lara V. State of Illinois Facts: Jason Lara was found guilty of 2 counts of predatory criminal sexual assault (PCSA) after inserting his fingers into the vagina of an eight-year-old. Identify criminal defenses and how they apply 5. Touching for a five-year-old is done with fingers and hands. convictions, reducing them to the lesser-included offense of aggravated criminal sexual abuse and remanding the cause for resentencing. Shelley and Jason came to Cordero's home. [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. The videotaped interview and a transcript of the interview were admitted into evidence. "[fn 6][16] In 1886, the Act was upheld by the Supreme Court in United States v. As for the alleged inconsistencies and contradictions, the jury obviously found her statements regarding the alleged conduct credible. RULINGS/HOLDINGS The court finds that evidence and interviews support the findings of ACSA but not PCSA. 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. In fact, Glaub stated R.K. said no one told her what to say. 3d at 480, 912 N.E.2d at 291. At the hearing, Officer Luckey testified he had been a police officer for 20 years. An attorney is not required to, and indeed should not, make an argument not well-grounded in fact or law. 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. *262R.K. 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. '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. Illinois v. McArthur Michigan v. Summers Payton v. New York U.S. v. Place II SEARCH a. presented to support the convictions. Augustina P. had two children, J.O. [47], Lara then requested a rehearing en banc by the full court. 3d at 955, 909 N.E.2d at 978, quoting People v. Robertson, 312 Ill. App. 's answers. into a bedroom and asked her if Phillip had ever touched her in a way that made her uncomfortable. [111] Souter stated that the decision in this case did not align with precedent established in previous cases. [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. Lara pleaded guilty to the tribal charges, but claimed double jeopardy against the federal charges. inappropriately, and he never put his hand in her pants. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. Crow Dog was tried in federal court for murder, found guilty, and sentenced to hang. As we stated earlier, it is easy to see how R.K. would not equate oral sex with touching. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. 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. said it was outside her vagina on both occasions. [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. 's answers. 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. The court affirmed Jasons appeal. The doctor testified that epileptics often remain confused for hours after a seizure. 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. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. 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. The Chippewa or Ojibwe people were also from the same general area. 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. [46] Judge Hansen dissented, believing that the tribe drew its authority to try Lara from the federal government. 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. In Kitch, this court recently adhered to its previous ruling in Reed and rejected the defendants contention section 115 10 is facially unconstitutional. In December 2008, the trial court denied defendants posttrial motion, which alleged the trial court erred in admitting R.Ks videotaped statement. See People v. Wisslead, 108 Ill. 2d 389, 397, 484 N.E.2d 1081, 1084 (1985). Not only did R.K. describe what defendant did, she also described how it felt. [67] Lara argued that since the tribe had no such inherent sovereignty, it could only prosecute a non-member Indian based upon federal sovereignty, which would make a subsequent Federal prosecution a violation of the prohibition of double jeopardy. Pellentesque dapibus efficitur laoreet. The Supreme Court ruled that double jeopardy did not apply to Lara since "the successive prosecutions were brought by separate and distinct sovereign bodies". [408 Ill.App.3d 737] (3) * * * [T]he out of court statement was made * *, Request a trial to view additional results. As a result, defendant argues R.K. was unavailable as a witness. Defendant had the opportunity to cross-examine the victim in this case, and she answered all of his questions. "[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. Pellentesque dapibus efficitur lao

sectetur
sectetur adipiscing elit. Case Briefs Commonwealth of Kentucky, Justice Cabinet Department of Criminal Justice Training Legal Section REVISION 7/20/01 2.7 . 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. 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. 1st Dist. 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. delicti. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina.

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