Officer Luckey testified he was a police officer with the City of Eureka and had been a police officer for 20 years. Shelley and Jason came to Cordero's home. Kagama. of Criminal Defense Lawyers. 1092484. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. The doctor had no opinion as to whether Jason suffered a seizure on the day of the arrest. Pellentesque dapibus efficitur laoreet. The jurors were each provided a transcript of the videotaped statement while the videotape was played for the jury. Upload your study docs or become a (Pen. In the 1880s, Congress passed the Major Crimes Act, divesting tribes of criminal jurisdiction in regard to several felony crimes. Nam lacinia pulvinar tortor nec facilisis. Carey Kato, a forensic interviewer working for the Children's Advocacy Center, interviewed J.O. R.K. testified defendant would stand and look at her when he was not touching her. 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. Court: United States Appellate Court of Illinois: . 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. [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 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony LARA, Defendant-Appellant. 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. 1st Dist. create a case brief of Illinois v. Lara (Ill. App. He asked open-ended questions, which R.K. answered. 110803, 944 N.E.2d 345 (Mar. The State's evidence, apart from the confession, supported a finding of only the lesser-included offense of aggravated criminal sexual abuse (ACSA). as Amici Curiae 45. Glaub testified protocols for the Child Advocacy Center call for other family members to be interviewed, with special importance placed on parents and caretakers. . Jason testified that he never touched J.O. He could not make much sense of what the officers had tried to say to him. Explain the positive contributions of firms to society. In Garcia-Cordova, the question was whether the child was available for cross-examination during defendants trial. The Court held that the United States and the tribe were separate sovereigns; therefore, separate tribal and federal prosecutions did not violate the Double Jeopardy Clause.[2]. Luckey testified he typically does not know the alleged facts of the case before interviewing a child so that he can avoid leading the child. Augustina's sister brought J.O. She pointed to her vagina. The judge also asked the jurors, in panels of four, whether they agreed with the presumption of innocence and the burden of proof. about the matter. 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. R.K. described conduct with which a typical four- or five-year-old child would not and should not be familiar. said it was outside her vagina on both occasions. 3d at 955, 909 N.E.2d at 978, quoting People v. Cookson, 335 Ill. App. He did not recall much about the statement he signed at the station. slept at Shelley's home, where Shelley's son, Jason, also slept. Submit 2 - Solomon Company sells lamps and other lighting fi 10. '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. Course Hero is not sponsored or endorsed by any college or university. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Full Document. The court affirmed Jasons appeal. Defense counsel made the following argument to the jury: In a situation such as this, defense counsel is placed in a precarious position. 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. In this case, R.K. was present, she answered all of the questions posed by defense counsel, and nothing in the record indicates she would not have answered any other questions defense counsel could have asked. Laras appeal is affirmed by the Supreme Court of Illinois. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Augustina started a relationship with John Cordero, after she . [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. 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. A statute is facially unconstitutional (in contrast to unconstitutional as applied to [a] defendant) only if one can think of no circumstance in which the statute would be constitutional. People v. Kitch, 392 Ill. App. 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. 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. In addition, the record contains no possible motive for R.K. to fabricate these allegations. In the figure above, the wage rate is $600 and total fixed cost is $15,000. 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. "[fn 6][16] In 1886, the Act was upheld by the Supreme Court in United States v. [87] The earlier decisions in Duro, Wheeler, and Oliphant dealt with cases where Congress had restricted a tribe's inherent powers but pointed at nothing in the Constitution or established precedent that prohibits Congress from relaxing such restrictions. 720 ILCS 5/12 14.1(a)(1) (West 2006). According to her testimony, defendant began to stay at her house more frequently in January 2008, approximately five nights per week. 462 U.S. 640. Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. 3d 257, 932 N.E.2d 1052 (2010). 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.. 3d 1072, 909 N.E.2d 391 (2009). The Duro case involved the slaying of a 14-year-old on the reservation by an Indian of another tribe. She said she had never seen defendant do anything inappropriate to R.K. In 1990, the Supreme Court ruled in Duro v. Reina that an Indian tribe did not have the authority to try an Indian criminally who was not a member of that tribe. Kathleen said she and R.K. had never talked about any type of sexual matters prior to this. The second time J.O. [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. It appears this was a matter of strategy on the part of defense counsel. In September 2008, a jury found defendant guilty of predatory criminal sexual assault (720 ILCS 5/12-14.1(a)(1) (West 2006)). said Jason, not Phillip, had touched her private part.. 3d 467, 469, 727 N.E.2d 404, 406 (2000). R.K. testified she told her mother, while riding in the car with her, what defendant had done to R.K. Decided June 20, 1983. 2023 The President and Fellows of Harvard University. 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. Are they all necessary to ensure justice? The trial court found that [408 Ill.App.3d 735] the questions did not effectively coach J.O. 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. We have found no error in admitting the statement. slept at Shelley's home, where Shelley's son, Jason, also slept. 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. Bryant, 391 Ill. App. [33] Lara moved to dismiss the charge based on double jeopardy and other constitutional grounds. [89] Since the power exercised by the Spirit Lake Sioux Tribe was that of inherent tribal sovereignty, double jeopardy did not attach. Pellentesque dapibus efficitur laoreet. '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. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. 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. [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. aggravated criminal sexual abuse had been improperly denied and, if it was not required, It appears, as a matter of trial strategy, defense counsel chose not to cross-examine R.K. about the charge alleged in the indictment, nor did he question her about her statement to Officer Luckey. 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. In general, during any trial, an attorney does not want to ask a question if he does not know how the witness will answer. Levels and degrees of crime, differences between misdemeanor and felony 4. The court refused Jason's request for an instruction on the lesser-included offense of ACSA. [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. As part of our judgment, we grant the State its $50 statutory assessment against defendant as costs of this appeal. Course Hero is not sponsored or endorsed by any college or university. Kitch, 392 Ill. App. She testified defendant stayed at her house during that period. 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. 81-1859. According to defense counsel, R.K.s testimony at trial was completely different from what she told Luckey. PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GALEN R. MALONEY, Defendant-Appellant. Appellate Court of Illinois,Fourth District. VLEX uses login cookies to provide you with a better browsing experience. Kato specifically asked whether Jason put his hand inside her, and J.O. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. The appeal of Lara is automatic. However, there were two issues which the appellate court had not reached, namely, Garcia-Cordova, 392 Ill. App. Defense counsel chose to limit his cross-examination of R.K. Defense counsel did not ask her any questions about the alleged incident or any other incidents of inappropriate contact. [21] In 1991, Congress amended the Indian Civil Rights Act[22] (ICRA) to recognize that Indian tribes had inherent power to exercise criminal jurisdiction over all Indians. [70] To subject Lara to a prosecution by a tribal court, which was not subject to the Bill of Rights,[fn 18] would deprive Lara of his rights as a United States citizen. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. These are facial challenges to the constitutionality of section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)). was alone with Phillip. We allow free access to up to 500 cases per person per day see testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. Sometime people mistakenly say that the body of a murder victim provides the corpus delicti of the crime of murder. Wha For your final project you will conduct an empirical evaluation of a particular setting with a focus upon a particular e . Augustina P. had two children, J.O. All Documents are available in pdf format. The State only asked R.K. if defendant had touched her with anything beside his hand. R.Ks mother testified she still loved defendant and defendant and R.K. got along well together. R.K. was available as a witness and answered all of defendants questions on cross-examination. The State called R.K. as a witness. Nam
sectetur adipiscing elit. The corroboration rule requires evidence be present to support the confession from the defendant. 1. At trial, he denied any inappropriate behavior. The jury found Jason guilty on both counts of PCSA. Nam lacinia pulvinar tortor nec facilisis. Decided: June 28, 2010. 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. As a result, defense counsel questioned the reliability of the videotaped interview. He gave a confession, which was admitted into evidence, and the girl gave 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)). 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)). "As 'domestic dependent nations,' Indian tribes possess criminal jurisdiction in Indian Country that is 'complete, inherent, and exclusive,' except as limited by Congress. 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. What actually constitutes the corpus delicti of murder? 3d 947, 909 N.E.2d 971 (2009); People v. Bryant, 391 Ill. App. to Cordero's home, before school. slept, he put his finger into her vagina as far as his fingernail, and then J.O. J.O. According to the written statement, he said that on the first occasion, while J.O. [94], Justice John Paul Stevens wrote a concurring opinion that argued that the Indian tribes have a stronger claim on inherent sovereign powers than do individual states. He argues (1) the trial court should have excluded the testimony about J.O. Defense counsel argued R.K. did not testify to the elements charged in this case. Kathleen testified she left for work at 4 a.m. Dustin and defendant would be sleeping on the second floor when she left. and C.A. The cause was remanded to the appellate court for its consideration of these create a case brief of Illinois v. Lara (Ill. App. 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. 1-09-1326. People v. Cookson, 215 Ill. 2d 194, 204, 830 N.E.2d 484, 490 (2005). Defendant was convicted of two counts of predatory criminal sexual assault on an eight-year-old girl, at his mothers home for babysitting, on two dates. When conducting a section 115 10 hearing, the court examines the totality of the circumstances surrounding the hearsay statements, including the following: (1) the childs spontaneity and consistent repetition of the incident, (2) the childs mental state, (3) use of *266terminology unexpected of a child of similar age, and (4) the lack of motive to fabricate. Sharp, 391 Ill. App.Usda Exhibitors License,
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