In April 2006, he attended a 40-hour class geared toward preparing individuals to interview children in situations such as this case. 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. but his testimony at trial denied any inappropriate behavior. Appellant, v. JASON LARA, Appellee. The restitution consisted of $ 600 (or $ 50 in one source), eight ponies, and one blanket. As a result, defendant argues R.K. was unavailable as a witness. Question 14 Which of the following statements is NOT correct? [38] Senechal noted that two other trial courts in the circuit had already ruled that double jeopardy did not apply, that the ICRA only recognized the inherent sovereignty of the tribes and did not delegate prosecutorial power to the tribe. 3d 108, 114, 915 N.E.2d 29, 34 (2009), appeal allowed, 233 Ill. 2d 581, 919 N.E.2d 360 (2009), quoting Reed, 361 Ill. App. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. woke up. No one at trial asked her directly if defendant licked her pee pee.). 1-09-1326. 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 threshold issue we must decide is whether the trial court erred when it permitted Augustina, Cordero and Paraday to testify about J.O. In the recorded interview, RK. 10&11 quiz.docx 7 pages Judicial Opinion Assignement.docx 3 pages Paraday admitted that when Kato interviewed J.O., J.O. The court noted defendant could have cross-examined the child on her descriptions of the drawings she made, her inability to remember her conversation with the DCFS investigator or the alleged incidents of abuse, and her claimed lack of knowledge regarding some of the pictures. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. [fn 7][20] Tribal leaders urged Congress to fix the problem that the Duro decision created. He did not interview R.K. or anyone else living at the residence. People v. Lara - 67 Cal.2d 365 - Fri, 09/29/1967 | California Supreme Case Brief 1.docx - Brewer v. Williams 430 U.S. 387 1977 Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. Therefore, the case hinges on the tribes' inherent sovereignty, and based on precedent, the tribes possess that power. 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. of Criminal Defense Lawyers. Augustina is the mother of J.O. Nam lacinia pulvinar tortor nec facilisis. R.K. was available as a witness and answered all of defendants questions on cross-examination. She, R.K., and her son live in a two-story house with a basement. Augustina's sister brought J.O. In the figure above, the wage rate is $600 and total fixed cost is $15,000. MEYERSCOUGH, EJ., and TURNER, J., concur. 3d at 484, 912 N.E.2d at 294. Pellentesque dapibus efficitur laoreet. For the reasons stated, we affirm defendants conviction. In addition, the record contains no possible motive for R.K. to fabricate these allegations. However, when the State asked R.K. if she liked defendant, she said no because he did something wrong. defendant, Lara, was charged with predatory criminal sexual assault; he was, convicted; he appealed his conviction to the Illinois Court of Appeals citing corpus. [47], Lara then requested a rehearing en banc by the full court. Task 4.1 Meet with Stakeholders Meeting Minutes Date: Time: Location: Purpose of the meeting . [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. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. create a case brief of Illinois v. Lara (Ill. App. 1st Dist. said Jason, not Phillip, had touched her private part. Augustina called Shelley and the police. "[125] Thomas's statements directly address the Supreme Court's confusion on both present and future Federal Indian Policy. It reduced them to the lesser-included offenses of aggravated criminal sexual abuse and remanded for resentencing. 2011) Case Brief. [117], Lara was released from federal prison on August 19, 2005, about a year and four months after the Supreme Court delivered their decision.[118]. At the trial, J.O. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. said it was outside her vagina on both occasions. 3d 468, 912 N.E.2d 280 (2009). The confession of the defendant is not sufficient enough to charge him with PCSA considering the State did not provide sufficient evidence to prove Lara inserted his finger into J. Os vagina. He argues (1) the trial court should have excluded the testimony about J.O. [27] Lara returned to the reservation, where he was arrested and charged with public intoxication. In this case, we find the jurys decision to believe R.K.s statement regarding defendant licking her pee pee was reasonable. In Justice Thomas's conclusion at the end of this case, he stated, "History points in both directions. Case Law; Illinois; People v. Lara, No. The State only asked R.K. if defendant had touched her with anything beside his hand. inappropriately and inserted his finger in her vagina. On appeal, he argued that the Luckey testified individuals observing the interview, who are not in the interview room, are able to communicate with him through a computer monitor mounted on the wall in the interview room. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. of Nat'l Assoc. was excessive. At the hearing, Officer Luckey testified he had been a police officer for 20 years. Cordero took J.O. [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. Although R.K. took the stand in this case and answered all of defense counsels questions on cross-examination, defendant argues R.K.s trial testimony created a dilemma for his trial counsel. The second time J.O. interpretation of the corpus delicti rule, holding that the State need not present independent [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. 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. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jason LARA, Defendant-Appellant. Mashal v. And In a Representative Capacity On Behalf of All Those Similarly Situated, No. 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. Judge Presiding Date of Appeal: Nov. 13, 2012 Date of Judgment: Oct. 17, 2012 OPENING BRIEF OF DEFENDANT-APPELLANT Steven B. Muslin Craig M. Sandberg MUSLIN & SANDBERG 19 S. LaSalle Street, Suite 700 . Nam lacinia pulvinar tortor nec facilisis. 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. Do the two works give you similar or different perspectives on Mesopotam . He received consecutive terms of 10 and 8 years. [25], Billy Jo Lara was an enrolled member of the Turtle Mountain Band of Chippewa Indians located in northern North Dakota near the CanadaU.S. [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. [58] He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress. 2023 Course Hero, Inc. All rights reserved. Defendant also argues the trial court should have reversed its pretrial ruling after R.K. testified at the trial because the contradictions between her testimony and her recorded interview rendered the interview unreliable. Argued April 20, 1983. said Jason had touched her inappropriately. made to Augustina, Cordero and Kato. 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. Kagama. Subscribers can access the reported version of this case. He gave a confession, which was admitted into evidence, and the girl gave People v. Lara :: 2011 :: Illinois Appellate Court, Fourth District J.O. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. delicti. 1st Dist. He also experienced some twitches he could not control. when he was 19. Decided June 20, 1983. Pellentesque dapibus efficitur laoreet. 3d at 480, 912 N.E.2d at 291. Kato specifically asked whether Jason put his hand inside her, and J.O. Appellate Court of Illinois, First District, Third Division. The doctor had no opinion as to whether Jason suffered a seizure on the day of the arrest. The doctor testified that epileptics often remain confused for hours after a seizure. 2 The Supreme Court of Illinois denied defendant's petition for leave to appeal but issued a supervisory order (People v. Lara, No. Nam lacinia pulvinar tortor nec facilisis. were alone together. [3], The Sioux people consist of three main groups, the Lakota in the west, the Western Dakota in the center, and the Eastern Dakota in the east. School Ivy Tech Community College, Indianapolis Course Title CRIM 211 Uploaded By BailiffPorpoise1040 Pages 1 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. She pushed his hand away and went back to sleep. Rolandis G., 232 Ill. 2d at 33, 902 N.E.2d at 611. We disagree with defendants characterization of Officer Luckeys interview technique. PDF No. 3-12-0947 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT - NORML R.K. testified she told her mother, while riding in the car with her, what defendant had done to R.K. was sleeping on the floor after having been brought overnight for babysitting by defendants said that on two occasions about a month earlier, Jason had touched her private part.. People v. Curtis, 296 Ill. App. A doctor testified that Jason suffered from epilepsy, and at the time of the arrest, medications did not adequately control his condition. Refer to Figure 2. R.K. testified defendant would stand and look at her when he was not touching her. 720 ILCS 5/12 14.1(a)(1) (West 2006). Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. 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. R.K. had her own bedroom on the first floor of the house. 2011), Your case brief should contain the following elements (and those elements should be separated into sections: Case citation, We covered many defenses to criminal liability in this module. 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. [fn 3], In response to Ex Parte Crow Dog, Congress passed the Major Crimes Act in 1885. The jury found defendant guilty of predatory criminal sexual assault. 3d at 1094, 909 N.E.2d at 409-10. 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. [93] The decision of the Eighth Circuit Court was reversed in the 72 decision. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Every document on this site is part of the official caselaw of a court within the 6. As a result, defense counsel questioned the reliability of the videotaped interview. [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. However, there were two issues which the appellate court had not reached, namely, R.K. described conduct with which a typical four- or five-year-old child would not and should not be familiar. Supreme Court Docket & Briefs | Illinois Courts may be used to prove the corpus delicti. Luckey testified he wants a child he is interviewing to feel comfortable and not intimidated so the child can tell him what happened. 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. Shelley and Jason came to Cordero's home. 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. {{meta.fullTitle}} The judge did not ask the jurors about the defendant's lack of a duty to present evidence or the right not to testify. {{meta.fullTitle}} He admitted that in January 2005, on two separate occasions, he put his hand in J.O. 4-08-0983. Kathleen testified she still loved defendant. was alone with Phillip. 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. According to her testimony, her roommate and babysitter, Dustin Plitus, watched R.K. and her brother while Kathleen was at work. Luckey testified he interviewed R.K., who was five at the time, at the Child Advocacy Center in Eureka in May 2008. VLEX uses login cookies to provide you with a better browsing experience. and C.A., who has a friend, Shelley Lara, that provides childcare often as she works evenings. 2011). CRIM 211 Criminal Law - Ivy Tech Community College, Indianapolis As a result, we will not say the trial courts pretrial ruling was fanciful, arbitrary, or unreasonable. The reservation was originally known as Devil's Lake Reservation. 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. R.K. testified she considered defendant her friend. Two middle school girls plotted to kill their teacher with poison.docx Pellentesque dapibus effic

sectetur adipiscing elit. later recited the same story to Carey Kato, forensic interviewer. She testified defendant had to leave her house between 5:30 and 6 a.m. to get to work. create a case brief of Illinois v. Lara (Ill. App. After several incidents of serious misconduct, the Spirit Lake Tribe issued an order excluding him from the reservation. When he awoke, he could not stand straight. Harvard asserts no copyright in caselaw retrieved from this site. [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. Officer Luckey did not direct R.Ks answers in the interview. In September 2008, a jury found defendant guilty of predatory criminal sexual assault (720 ILCS 5/12-14.1(a)(1) (West 2006)). 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. Pellentesque dapibus efficitur laoreet. Defense counsel made the following argument to the jury: In a situation such as this, defense counsel is placed in a precarious position. When she came back, Jason again put his hand on her vagina. Br. 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. One of the children reported that Lara's son, Jason, was sexually abusing one of the children and he was arrested after the child's mother called the police. An assistant State's Attorney read to the jury the handwritten statement Jason signed. J.O. The jury found Jason guilty on both counts of PCSA. | 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. She woke up and took her sister with her as she went to spend the rest of the night in Shelley's room. 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. Police officers arrested Jason. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources 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 . [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. [fn 16], Alexander F. Reichert was appointed by the Supreme Court to argue the case for Lara. 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. According to the written statement, he said that on the first occasion, while J.O. In the 1880s, Congress passed the Major Crimes Act, divesting tribes of criminal jurisdiction in regard to several felony crimes. [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.