sectetur adipiscing elit. 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. Third Division March 31, 2011 1-09-1326 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JASON LARA, Defendant-Appellant. ) 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. She testified defendant had to leave her house between 5:30 and 6 a.m. to get to work. Defendant points out this court recently interpreted section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)) to allow for the introduction of prior out-of-court statements when a witness takes the stand and answers no meaningful question on cross-examination. [115], Souter wrote that this dissonance in court decisions will lead to confusion, stating: "And confusion, I fear, will be the legacy of today's decision, for our failure to stand by what we have previously said reveals that our conceptualizations of sovereignty and dependent sovereignty are largely rhetorical. [42], Lara appealed the denial of his motion to dismiss to the Eighth Circuit Court of Appeals, arguing that the Tribal Court obtained its authority from the ICRA, an act of Congress, and that both the Tribal Court and the Federal Court derived their power from the same sovereign. Pellentesque dapibus efficitur laoreet. He argues (1) the trial court should have excluded the testimony about J.O. Refer to Figure 2. Definition of Search Bond v. U.S. Steagald v. U.S. See Brief for Spirit Lake Sioux Tribe of North Dakota et al. "[116] Souter concluded that he would stand by the decisions made in Duro and Oliphant. Full Document. The jurors were each provided a transcript of the videotaped statement while the videotape was played for the jury. said it was outside her vagina on both occasions. 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. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. whether defendants request for a jury instruction on the lesser-included offense of [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. [98] He would have reversed the Eighth Circuit without going into the additional detail. Pellentesque dapibus efficitur laoreet. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. May 1, 2007). She woke up and took her sister with her as she went to spend the rest of the night in Shelley's room. 3d 468, 912 N.E.2d 280 (2009). 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. He was assigned to investigate the allegations involving R.K. Glaub also testified he requested a physical exam of R.K. be performed. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. According to the written statement, he said that on the first occasion, while J.O. He admitted that in January 2005, on two separate occasions, he put his hand in J.O. 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. 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)). J.O. End of preview. Pellentesque dapibus efficitur laoreet. 2023 Course Hero, Inc. All rights reserved. See People v. Sharp, 391 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. Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. The trial then resumed. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources Shelley and Jason came to Cordero's home. The appeal of Lara is automatic. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. Garcia-Cordova, 392 Ill. App. [27] Lara returned to the reservation, where he was arrested and charged with public intoxication. evidence was sufficient to permit the defendants confession to be presented at trial. This court has previously stated a defendants confrontation rights are not violated simply because he was unable to cross-examine a witness to the extent he wished. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. Download PDF. United States V. Lara Lara had married a member of the Spirit Lake Santee tribe and had resided on the Spirit Lake Reservation with her and their children until he was banished from the reservation due to several serious misdemeanors. Case Situation.docx - Case Situation: The defendant Jason Lara was 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) According to the written statement, he said that on the first occasion, while J.O. [fn 1] In the east, the Santee was originally from the Minnesota area. Shelley and Jason came to Cordero's home. 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 . {{meta.fullTitle}} 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. R.K. answered all of defense counsels questions. As a result, we will not say the trial courts pretrial ruling was fanciful, arbitrary, or unreasonable. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTHONY LARA, Defendant-Appellant Fourth District *259 Michael J. Pelletier, Gary R. Peterson, and Stuart H. Shiftman, all of State Appellate Defender's Office, of Springfield, for appellant. The. 10&11 quiz.docx 7 pages Judicial Opinion Assignement.docx 3 pages People v. Lara :: 2011 :: Illinois Appellate Court, First District As a result, defense counsel questioned the reliability of the videotaped interview. 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. when he was 19. [fn 8][30] Lara pleaded guilty to the tribal charge of "violence to a policeman". 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. 3d at 480, 912 N.E.2d at 291. Document Cited authorities 20 Cited in 6 Precedent Map Related. People v. Lara Annotate this Case. Pellentesque dapibus efficitur laoreet. Michael L. Stroh, States Attorney, of Eureka (Patrick Delfino, Robert J. Biderman, and David E. Mannchen, all of States Attorneys Appellate Prosecutors Office, of counsel), for the People. [58] He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress. See People v. Wisslead, 108 Ill. 2d 389, 397, 484 N.E.2d 1081, 1084 (1985). said Jason, not Phillip, had touched her private part.. 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. What is the difference, What was the most difficult challenge faced by the colonists who established Jamestown? Luckey testified he received additional training in April 2007 and May 2007. 's answers. A reversion can be used in a GRAT or GRUT to: (a) Remove trust property from a grantor's estate. The court found the interview contained sufficient safeguards of reliability. Luckey testified he wants a child he is interviewing to feel comfortable and not intimidated so the child can tell him what happened. The indictment alleged defendant placed his mouth on R.Ks vagina. Carey Kato, a forensic interviewer working for the Children's Advocacy Center, interviewed J.O. Lorem ipsum dolor sit amet, consectetur adipiscing elit. He argues (1) the trial court should have excluded the testimony about J.O. 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. As part of our judgment, we grant the State its $50 statutory assessment against defendant as costs of this appeal. said, Yes, he has but it wasn't Phillip. Instead, J.O. Harvard asserts no copyright in caselaw retrieved from this site. 1092484. J.O. The jury convicted him of both offenses and he received J.O. Levels and degrees of crime, differences between misdemeanor and felony 4. 3. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. "[125] Thomas's statements directly address the Supreme Court's confusion on both present and future Federal Indian Policy. [fn 13][53], Solicitor General Ted Olson argued that Congress, in response to the Duro decision, acted to "recognize and affirm" the Indian tribe's inherent power to enforce its criminal laws against Indians of other tribes. create a case brief of Illinois v. Lara (Ill. App. 1st Dist. Detective Linda Paraday, who watched Kato interview J.O., testified about that questioning and J.O. 3d at 955, 909 N.E.2d at 978, quoting People v. Cookson, 335 Ill. App. 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. aggravated criminal sexual abuse and remanded for resentencing. [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. 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. Appellate Court of Illinois, First District, Third Division. create a case brief of Illinois v. Lara (Ill. App. "[105] Thomas further questioned the law[106] ending the practice of making treaties with the tribes, noting that this was the one clear constitutional provision that provides for dealing with other sovereigns. He fell asleep. Illinois Supreme Court | THE PEOPLE OF THE STATE OF ILLINOIS. Further, an attorney surely does not want to elicit an answer that will implicate his client. 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. Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender (Megan E. Ledbetter, of counsel), for DefendantAppellant.Anita Alvarez, State's Attorney, State's Attorney of Cook County (Alan J. Spellberg, Ashley A. Romito, Jessica R. Ball, of counsel), for PlaintiffAppellee. {{meta.fullTitle}} However, there were two issues which the appellate court had not reached, namely, 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. The child appeared at trial, testified under oath, made an in-court identification of the defendant, and recalled speaking with the DCFS investigator. *261Kathleen testified she dated defendant between July 2007 and May 2008. consecutive terms of 10 and 8 years. 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. [93] The decision of the Eighth Circuit Court was reversed in the 72 decision. Is it in the nature of an affirmative defense, or does a, create a case brief of Illinois v. Lara (Ill. App. You can explore additional available newsletters here. View Cordero told Augustina what Jason had said. said Jason had touched her inappropriately. Court: United States Appellate Court of Illinois: . Subscribers are able to see a list of all the documents that have cited the case. Recognize attempt statutes and penalties 7. 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. as Amici Curiae 45. VLEX uses login cookies to provide you with a better browsing experience. When asked which parts, R.K. pointed down. Pellentesque dapibus efficitur laoreet. The doctor testified that epileptics often remain confused for hours after a seizure. Syllabus. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Defense counsel at both trial and on appeal provide a somewhat misleading representation of R.K.s testimony. said it was outside her vagina on both occasions. Docket No. 3d at 1000, 838 N.E.2d at 333. This case has been the subject of numerous law review articles since the decision was made. 1. The defendant is Lara's son, who sleeps at her house. Strickland v. Washington, 466 U.S. 668, 80 L. Ed. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. According to her testimony, defendant began to stay at her house more frequently in January 2008, approximately five nights per week. 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. When she came back, Jason again put his hand on her vagina. at 160, 459 N.W.2d at 531. 3d 991, 999, 696 N.E.2d 372, 378 (1998). 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. 's out-of-court statements. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. mother. R.K. never specifically denied defendant placed his tongue or mouth on her vagina. Br. [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. [33] Lara moved to dismiss the charge based on double jeopardy and other constitutional grounds. Upload your study docs or become a The grand jury indicted defendant on the charge of predatory criminal sexual assault of a child. CRIM 361 Chapter I (Question for Discussion).docx - Chapter woke up. [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.

sectetur adipiscing elit. 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. Third Division March 31, 2011 1-09-1326 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JASON LARA, Defendant-Appellant. ) 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. She testified defendant had to leave her house between 5:30 and 6 a.m. to get to work. Defendant points out this court recently interpreted section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)) to allow for the introduction of prior out-of-court statements when a witness takes the stand and answers no meaningful question on cross-examination. [115], Souter wrote that this dissonance in court decisions will lead to confusion, stating: "And confusion, I fear, will be the legacy of today's decision, for our failure to stand by what we have previously said reveals that our conceptualizations of sovereignty and dependent sovereignty are largely rhetorical. [42], Lara appealed the denial of his motion to dismiss to the Eighth Circuit Court of Appeals, arguing that the Tribal Court obtained its authority from the ICRA, an act of Congress, and that both the Tribal Court and the Federal Court derived their power from the same sovereign. Pellentesque dapibus efficitur laoreet. He argues (1) the trial court should have excluded the testimony about J.O. Refer to Figure 2. Definition of Search Bond v. U.S. Steagald v. U.S. See Brief for Spirit Lake Sioux Tribe of North Dakota et al. "[116] Souter concluded that he would stand by the decisions made in Duro and Oliphant. Full Document. The jurors were each provided a transcript of the videotaped statement while the videotape was played for the jury. said it was outside her vagina on both occasions. 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. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. whether defendants request for a jury instruction on the lesser-included offense of [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. [98] He would have reversed the Eighth Circuit without going into the additional detail. Pellentesque dapibus efficitur laoreet. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. May 1, 2007). She woke up and took her sister with her as she went to spend the rest of the night in Shelley's room. 3d 468, 912 N.E.2d 280 (2009). 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. He was assigned to investigate the allegations involving R.K. Glaub also testified he requested a physical exam of R.K. be performed. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. According to the written statement, he said that on the first occasion, while J.O. He admitted that in January 2005, on two separate occasions, he put his hand in J.O. 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. 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)). J.O. End of preview. Pellentesque dapibus efficitur laoreet. 2023 Course Hero, Inc. All rights reserved. See People v. Sharp, 391 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. Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. The trial then resumed. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources Shelley and Jason came to Cordero's home. The appeal of Lara is automatic. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. Garcia-Cordova, 392 Ill. App. [27] Lara returned to the reservation, where he was arrested and charged with public intoxication. evidence was sufficient to permit the defendants confession to be presented at trial. This court has previously stated a defendants confrontation rights are not violated simply because he was unable to cross-examine a witness to the extent he wished. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. Download PDF. United States V. Lara Lara had married a member of the Spirit Lake Santee tribe and had resided on the Spirit Lake Reservation with her and their children until he was banished from the reservation due to several serious misdemeanors. Case Situation.docx - Case Situation: The defendant Jason Lara was 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) According to the written statement, he said that on the first occasion, while J.O. [fn 1] In the east, the Santee was originally from the Minnesota area. Shelley and Jason came to Cordero's home. 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 . {{meta.fullTitle}} 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. R.K. answered all of defense counsels questions. As a result, we will not say the trial courts pretrial ruling was fanciful, arbitrary, or unreasonable. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTHONY LARA, Defendant-Appellant Fourth District *259 Michael J. Pelletier, Gary R. Peterson, and Stuart H. Shiftman, all of State Appellate Defender's Office, of Springfield, for appellant. The. 10&11 quiz.docx 7 pages Judicial Opinion Assignement.docx 3 pages People v. Lara :: 2011 :: Illinois Appellate Court, First District As a result, defense counsel questioned the reliability of the videotaped interview. 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. when he was 19. [fn 8][30] Lara pleaded guilty to the tribal charge of "violence to a policeman". 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. 3d at 480, 912 N.E.2d at 291. Document Cited authorities 20 Cited in 6 Precedent Map Related. People v. Lara Annotate this Case. Pellentesque dapibus efficitur laoreet. Michael L. Stroh, States Attorney, of Eureka (Patrick Delfino, Robert J. Biderman, and David E. Mannchen, all of States Attorneys Appellate Prosecutors Office, of counsel), for the People. [58] He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress. See People v. Wisslead, 108 Ill. 2d 389, 397, 484 N.E.2d 1081, 1084 (1985). said Jason, not Phillip, had touched her private part.. 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. What is the difference, What was the most difficult challenge faced by the colonists who established Jamestown? Luckey testified he received additional training in April 2007 and May 2007. 's answers. A reversion can be used in a GRAT or GRUT to: (a) Remove trust property from a grantor's estate. The court found the interview contained sufficient safeguards of reliability. Luckey testified he wants a child he is interviewing to feel comfortable and not intimidated so the child can tell him what happened. The indictment alleged defendant placed his mouth on R.Ks vagina. Carey Kato, a forensic interviewer working for the Children's Advocacy Center, interviewed J.O. Lorem ipsum dolor sit amet, consectetur adipiscing elit. He argues (1) the trial court should have excluded the testimony about J.O. 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. As part of our judgment, we grant the State its $50 statutory assessment against defendant as costs of this appeal. said, Yes, he has but it wasn't Phillip. Instead, J.O. Harvard asserts no copyright in caselaw retrieved from this site. 1092484. J.O. The jury convicted him of both offenses and he received J.O. Levels and degrees of crime, differences between misdemeanor and felony 4. 3. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. "[125] Thomas's statements directly address the Supreme Court's confusion on both present and future Federal Indian Policy. [fn 13][53], Solicitor General Ted Olson argued that Congress, in response to the Duro decision, acted to "recognize and affirm" the Indian tribe's inherent power to enforce its criminal laws against Indians of other tribes. create a case brief of Illinois v. Lara (Ill. App. 1st Dist. Detective Linda Paraday, who watched Kato interview J.O., testified about that questioning and J.O. 3d at 955, 909 N.E.2d at 978, quoting People v. Cookson, 335 Ill. App. 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. aggravated criminal sexual abuse and remanded for resentencing. [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. 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. Appellate Court of Illinois, First District, Third Division. create a case brief of Illinois v. Lara (Ill. App. "[105] Thomas further questioned the law[106] ending the practice of making treaties with the tribes, noting that this was the one clear constitutional provision that provides for dealing with other sovereigns. He fell asleep. Illinois Supreme Court | THE PEOPLE OF THE STATE OF ILLINOIS. Further, an attorney surely does not want to elicit an answer that will implicate his client. 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. Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender (Megan E. Ledbetter, of counsel), for DefendantAppellant.Anita Alvarez, State's Attorney, State's Attorney of Cook County (Alan J. Spellberg, Ashley A. Romito, Jessica R. Ball, of counsel), for PlaintiffAppellee. {{meta.fullTitle}} However, there were two issues which the appellate court had not reached, namely, 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. The child appeared at trial, testified under oath, made an in-court identification of the defendant, and recalled speaking with the DCFS investigator. *261Kathleen testified she dated defendant between July 2007 and May 2008. consecutive terms of 10 and 8 years. 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. [93] The decision of the Eighth Circuit Court was reversed in the 72 decision. Is it in the nature of an affirmative defense, or does a, create a case brief of Illinois v. Lara (Ill. App. You can explore additional available newsletters here. View Cordero told Augustina what Jason had said. said Jason had touched her inappropriately. Court: United States Appellate Court of Illinois: . Subscribers are able to see a list of all the documents that have cited the case. Recognize attempt statutes and penalties 7. 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. as Amici Curiae 45. VLEX uses login cookies to provide you with a better browsing experience. When asked which parts, R.K. pointed down. Pellentesque dapibus efficitur laoreet. The doctor testified that epileptics often remain confused for hours after a seizure. Syllabus. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Defense counsel at both trial and on appeal provide a somewhat misleading representation of R.K.s testimony. said it was outside her vagina on both occasions. Docket No. 3d at 1000, 838 N.E.2d at 333. This case has been the subject of numerous law review articles since the decision was made. 1. The defendant is Lara's son, who sleeps at her house. Strickland v. Washington, 466 U.S. 668, 80 L. Ed. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. According to her testimony, defendant began to stay at her house more frequently in January 2008, approximately five nights per week. 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. When she came back, Jason again put his hand on her vagina. at 160, 459 N.W.2d at 531. 3d 991, 999, 696 N.E.2d 372, 378 (1998). 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. 's out-of-court statements. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. mother. R.K. never specifically denied defendant placed his tongue or mouth on her vagina. Br. [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. [33] Lara moved to dismiss the charge based on double jeopardy and other constitutional grounds. Upload your study docs or become a The grand jury indicted defendant on the charge of predatory criminal sexual assault of a child. CRIM 361 Chapter I (Question for Discussion).docx - Chapter woke up. [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.

sectetur adipiscing elit. 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. Third Division March 31, 2011 1-09-1326 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JASON LARA, Defendant-Appellant. ) 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. She testified defendant had to leave her house between 5:30 and 6 a.m. to get to work. Defendant points out this court recently interpreted section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)) to allow for the introduction of prior out-of-court statements when a witness takes the stand and answers no meaningful question on cross-examination. [115], Souter wrote that this dissonance in court decisions will lead to confusion, stating: "And confusion, I fear, will be the legacy of today's decision, for our failure to stand by what we have previously said reveals that our conceptualizations of sovereignty and dependent sovereignty are largely rhetorical. [42], Lara appealed the denial of his motion to dismiss to the Eighth Circuit Court of Appeals, arguing that the Tribal Court obtained its authority from the ICRA, an act of Congress, and that both the Tribal Court and the Federal Court derived their power from the same sovereign. Pellentesque dapibus efficitur laoreet. He argues (1) the trial court should have excluded the testimony about J.O. Refer to Figure 2. Definition of Search Bond v. U.S. Steagald v. U.S. See Brief for Spirit Lake Sioux Tribe of North Dakota et al. "[116] Souter concluded that he would stand by the decisions made in Duro and Oliphant. Full Document. The jurors were each provided a transcript of the videotaped statement while the videotape was played for the jury. said it was outside her vagina on both occasions. 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. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. whether defendants request for a jury instruction on the lesser-included offense of [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. [98] He would have reversed the Eighth Circuit without going into the additional detail. Pellentesque dapibus efficitur laoreet. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. May 1, 2007). She woke up and took her sister with her as she went to spend the rest of the night in Shelley's room. 3d 468, 912 N.E.2d 280 (2009). 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. He was assigned to investigate the allegations involving R.K. Glaub also testified he requested a physical exam of R.K. be performed. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. According to the written statement, he said that on the first occasion, while J.O. He admitted that in January 2005, on two separate occasions, he put his hand in J.O. 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. 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)). J.O. End of preview. Pellentesque dapibus efficitur laoreet. 2023 Course Hero, Inc. All rights reserved. See People v. Sharp, 391 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. Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. The trial then resumed. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources Shelley and Jason came to Cordero's home. The appeal of Lara is automatic. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. Garcia-Cordova, 392 Ill. App. [27] Lara returned to the reservation, where he was arrested and charged with public intoxication. evidence was sufficient to permit the defendants confession to be presented at trial. This court has previously stated a defendants confrontation rights are not violated simply because he was unable to cross-examine a witness to the extent he wished. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. Download PDF. United States V. Lara Lara had married a member of the Spirit Lake Santee tribe and had resided on the Spirit Lake Reservation with her and their children until he was banished from the reservation due to several serious misdemeanors. Case Situation.docx - Case Situation: The defendant Jason Lara was 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) According to the written statement, he said that on the first occasion, while J.O. [fn 1] In the east, the Santee was originally from the Minnesota area. Shelley and Jason came to Cordero's home. 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 . {{meta.fullTitle}} 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. R.K. answered all of defense counsels questions. As a result, we will not say the trial courts pretrial ruling was fanciful, arbitrary, or unreasonable. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTHONY LARA, Defendant-Appellant Fourth District *259 Michael J. Pelletier, Gary R. Peterson, and Stuart H. Shiftman, all of State Appellate Defender's Office, of Springfield, for appellant. The. 10&11 quiz.docx 7 pages Judicial Opinion Assignement.docx 3 pages People v. Lara :: 2011 :: Illinois Appellate Court, First District As a result, defense counsel questioned the reliability of the videotaped interview. 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. when he was 19. [fn 8][30] Lara pleaded guilty to the tribal charge of "violence to a policeman". 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. 3d at 480, 912 N.E.2d at 291. Document Cited authorities 20 Cited in 6 Precedent Map Related. People v. Lara Annotate this Case. Pellentesque dapibus efficitur laoreet. Michael L. Stroh, States Attorney, of Eureka (Patrick Delfino, Robert J. Biderman, and David E. Mannchen, all of States Attorneys Appellate Prosecutors Office, of counsel), for the People. [58] He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress. See People v. Wisslead, 108 Ill. 2d 389, 397, 484 N.E.2d 1081, 1084 (1985). said Jason, not Phillip, had touched her private part.. 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. What is the difference, What was the most difficult challenge faced by the colonists who established Jamestown? Luckey testified he received additional training in April 2007 and May 2007. 's answers. A reversion can be used in a GRAT or GRUT to: (a) Remove trust property from a grantor's estate. The court found the interview contained sufficient safeguards of reliability. Luckey testified he wants a child he is interviewing to feel comfortable and not intimidated so the child can tell him what happened. The indictment alleged defendant placed his mouth on R.Ks vagina. Carey Kato, a forensic interviewer working for the Children's Advocacy Center, interviewed J.O. Lorem ipsum dolor sit amet, consectetur adipiscing elit. He argues (1) the trial court should have excluded the testimony about J.O. 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. As part of our judgment, we grant the State its $50 statutory assessment against defendant as costs of this appeal. said, Yes, he has but it wasn't Phillip. Instead, J.O. Harvard asserts no copyright in caselaw retrieved from this site. 1092484. J.O. The jury convicted him of both offenses and he received J.O. Levels and degrees of crime, differences between misdemeanor and felony 4. 3. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. "[125] Thomas's statements directly address the Supreme Court's confusion on both present and future Federal Indian Policy. [fn 13][53], Solicitor General Ted Olson argued that Congress, in response to the Duro decision, acted to "recognize and affirm" the Indian tribe's inherent power to enforce its criminal laws against Indians of other tribes. create a case brief of Illinois v. Lara (Ill. App. 1st Dist. Detective Linda Paraday, who watched Kato interview J.O., testified about that questioning and J.O. 3d at 955, 909 N.E.2d at 978, quoting People v. Cookson, 335 Ill. App. 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. aggravated criminal sexual abuse and remanded for resentencing. [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. 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. Appellate Court of Illinois, First District, Third Division. create a case brief of Illinois v. Lara (Ill. App. "[105] Thomas further questioned the law[106] ending the practice of making treaties with the tribes, noting that this was the one clear constitutional provision that provides for dealing with other sovereigns. He fell asleep. Illinois Supreme Court | THE PEOPLE OF THE STATE OF ILLINOIS. Further, an attorney surely does not want to elicit an answer that will implicate his client. 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. Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender (Megan E. Ledbetter, of counsel), for DefendantAppellant.Anita Alvarez, State's Attorney, State's Attorney of Cook County (Alan J. Spellberg, Ashley A. Romito, Jessica R. Ball, of counsel), for PlaintiffAppellee. {{meta.fullTitle}} However, there were two issues which the appellate court had not reached, namely, 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. The child appeared at trial, testified under oath, made an in-court identification of the defendant, and recalled speaking with the DCFS investigator. *261Kathleen testified she dated defendant between July 2007 and May 2008. consecutive terms of 10 and 8 years. 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. [93] The decision of the Eighth Circuit Court was reversed in the 72 decision. Is it in the nature of an affirmative defense, or does a, create a case brief of Illinois v. Lara (Ill. App. You can explore additional available newsletters here. View Cordero told Augustina what Jason had said. said Jason had touched her inappropriately. Court: United States Appellate Court of Illinois: . Subscribers are able to see a list of all the documents that have cited the case. Recognize attempt statutes and penalties 7. 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. as Amici Curiae 45. VLEX uses login cookies to provide you with a better browsing experience. When asked which parts, R.K. pointed down. Pellentesque dapibus efficitur laoreet. The doctor testified that epileptics often remain confused for hours after a seizure. Syllabus. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Defense counsel at both trial and on appeal provide a somewhat misleading representation of R.K.s testimony. said it was outside her vagina on both occasions. Docket No. 3d at 1000, 838 N.E.2d at 333. This case has been the subject of numerous law review articles since the decision was made. 1. The defendant is Lara's son, who sleeps at her house. Strickland v. Washington, 466 U.S. 668, 80 L. Ed. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. According to her testimony, defendant began to stay at her house more frequently in January 2008, approximately five nights per week. 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. When she came back, Jason again put his hand on her vagina. at 160, 459 N.W.2d at 531. 3d 991, 999, 696 N.E.2d 372, 378 (1998). 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. 's out-of-court statements. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. mother. R.K. never specifically denied defendant placed his tongue or mouth on her vagina. Br. [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. [33] Lara moved to dismiss the charge based on double jeopardy and other constitutional grounds. Upload your study docs or become a The grand jury indicted defendant on the charge of predatory criminal sexual assault of a child. CRIM 361 Chapter I (Question for Discussion).docx - Chapter woke up. [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.

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Illinois v. Lara Case Brief.docx - Illinois v. Lara 2012 IL [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]. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. Kato specifically asked whether Jason put his hand inside her, and J.O. M02 Discussion.docx - M02 Discussion - Illinois v. Lara Donec aliquet. That defense counsel chose not to cross-examine R.K. on these issues does not translate to a lack of opportunity to do so. Crow Dog was ordered released, having made restitution under tribal law to Spotted Tail's family. People v. Cunningham, 212 Ill. 2d 274, 283, 818 N.E.2d 304, 310 (2004). Here is a link to the audio instead. She did not tell her mother or Shelley about either incident because she thought she would get in trouble. At the time of the offense, R.K. was 5 years old (born September 16, 2002) and defendant was 25 years old. The victim in this case, R.K., took the stand and offered meaningful testimony. Nothing about her trial testimony rendered her prior statement unreliable. (which the girls descriptions did not), and that insufficient independent evidence was An attorney is not required to, and indeed should not, make an argument not well-grounded in fact or law. Subscribers are able to see a list of all the cited cases and legislation of a document. She testified R.K. and defendant got along well together and R.K. considered defendant her friend. 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. In August 2008, the trial court granted the States motion to admit R.Ks out-of-court statement, provided R.K. testified at trial. 3d at 483-84, 912 N.E.2d at 294. Augustina started a relationship with John Cordero, after she . Further, defendant had the opportunity to cross-examine her. 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. Subscribers are able to see a visualisation of a case and its relationships to other cases. J.O. [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. 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 . Thus, the trial court did not err in denying defendants motion to reconsider its earlier ruling to admit the recorded interview. See 725 ILCS 5/11510(c) (West 2008). He testified that he might have had an epileptic seizure in the cell without realizing it. [46] Judge Hansen dissented, believing that the tribe drew its authority to try Lara from the federal government. 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. You also get a useful overview of how the case was received. this rule required the State to produce independent evidence of the elements of penetration [89] Since the power exercised by the Spirit Lake Sioux Tribe was that of inherent tribal sovereignty, double jeopardy did not attach. 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. Nam lacinia pulvinar tortor nec facilisis. Nam lacinia pulvinar tortor nec facilisis. In general, during any trial, an attorney does not want to ask a question if he does not know how the witness will answer. 110803, 944 N.E.2d 345 (Mar. Terry Glaub testified he is a detective with the Woodford County sheriffs office and a member of the Child Advocacy Center in Wood-ford County. Luckey testified he interviewed R.K., who was five at the time, at the Child Advocacy Center in Eureka in May 2008. Augustina worked evenings. In October 2008, the trial court sentenced defendant to 12 years imprisonment. Defendant contends his counsel would have had to ask her to admit she made the statement to Officer Luckey, thereby implicating defendant. 408 Ill.App.3d 732946 N.E.2d 516349 Ill.Dec. 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. The Second District found the child was available for cross-examination. The jury found defendant guilty of predatory criminal sexual assault. Lorem ipsum dolor sit amet, consectetur adipi,

sectetur adipiscing elit. 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. Third Division March 31, 2011 1-09-1326 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JASON LARA, Defendant-Appellant. ) 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. She testified defendant had to leave her house between 5:30 and 6 a.m. to get to work. Defendant points out this court recently interpreted section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)) to allow for the introduction of prior out-of-court statements when a witness takes the stand and answers no meaningful question on cross-examination. [115], Souter wrote that this dissonance in court decisions will lead to confusion, stating: "And confusion, I fear, will be the legacy of today's decision, for our failure to stand by what we have previously said reveals that our conceptualizations of sovereignty and dependent sovereignty are largely rhetorical. [42], Lara appealed the denial of his motion to dismiss to the Eighth Circuit Court of Appeals, arguing that the Tribal Court obtained its authority from the ICRA, an act of Congress, and that both the Tribal Court and the Federal Court derived their power from the same sovereign. Pellentesque dapibus efficitur laoreet. He argues (1) the trial court should have excluded the testimony about J.O. Refer to Figure 2. Definition of Search Bond v. U.S. Steagald v. U.S. See Brief for Spirit Lake Sioux Tribe of North Dakota et al. "[116] Souter concluded that he would stand by the decisions made in Duro and Oliphant. Full Document. The jurors were each provided a transcript of the videotaped statement while the videotape was played for the jury. said it was outside her vagina on both occasions. 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. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. whether defendants request for a jury instruction on the lesser-included offense of [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. [98] He would have reversed the Eighth Circuit without going into the additional detail. Pellentesque dapibus efficitur laoreet. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. May 1, 2007). She woke up and took her sister with her as she went to spend the rest of the night in Shelley's room. 3d 468, 912 N.E.2d 280 (2009). 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. He was assigned to investigate the allegations involving R.K. Glaub also testified he requested a physical exam of R.K. be performed. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. According to the written statement, he said that on the first occasion, while J.O. He admitted that in January 2005, on two separate occasions, he put his hand in J.O. 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. 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)). J.O. End of preview. Pellentesque dapibus efficitur laoreet. 2023 Course Hero, Inc. All rights reserved. See People v. Sharp, 391 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. Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. The trial then resumed. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources Shelley and Jason came to Cordero's home. The appeal of Lara is automatic. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. Garcia-Cordova, 392 Ill. App. [27] Lara returned to the reservation, where he was arrested and charged with public intoxication. evidence was sufficient to permit the defendants confession to be presented at trial. This court has previously stated a defendants confrontation rights are not violated simply because he was unable to cross-examine a witness to the extent he wished. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. Download PDF. United States V. Lara Lara had married a member of the Spirit Lake Santee tribe and had resided on the Spirit Lake Reservation with her and their children until he was banished from the reservation due to several serious misdemeanors. Case Situation.docx - Case Situation: The defendant Jason Lara was 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) According to the written statement, he said that on the first occasion, while J.O. [fn 1] In the east, the Santee was originally from the Minnesota area. Shelley and Jason came to Cordero's home. 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 . {{meta.fullTitle}} 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. R.K. answered all of defense counsels questions. As a result, we will not say the trial courts pretrial ruling was fanciful, arbitrary, or unreasonable. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTHONY LARA, Defendant-Appellant Fourth District *259 Michael J. Pelletier, Gary R. Peterson, and Stuart H. Shiftman, all of State Appellate Defender's Office, of Springfield, for appellant. The. 10&11 quiz.docx 7 pages Judicial Opinion Assignement.docx 3 pages People v. Lara :: 2011 :: Illinois Appellate Court, First District As a result, defense counsel questioned the reliability of the videotaped interview. 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. when he was 19. [fn 8][30] Lara pleaded guilty to the tribal charge of "violence to a policeman". 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. 3d at 480, 912 N.E.2d at 291. Document Cited authorities 20 Cited in 6 Precedent Map Related. People v. Lara Annotate this Case. Pellentesque dapibus efficitur laoreet. Michael L. Stroh, States Attorney, of Eureka (Patrick Delfino, Robert J. Biderman, and David E. Mannchen, all of States Attorneys Appellate Prosecutors Office, of counsel), for the People. [58] He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress. See People v. Wisslead, 108 Ill. 2d 389, 397, 484 N.E.2d 1081, 1084 (1985). said Jason, not Phillip, had touched her private part.. 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. What is the difference, What was the most difficult challenge faced by the colonists who established Jamestown? Luckey testified he received additional training in April 2007 and May 2007. 's answers. A reversion can be used in a GRAT or GRUT to: (a) Remove trust property from a grantor's estate. The court found the interview contained sufficient safeguards of reliability. Luckey testified he wants a child he is interviewing to feel comfortable and not intimidated so the child can tell him what happened. The indictment alleged defendant placed his mouth on R.Ks vagina. Carey Kato, a forensic interviewer working for the Children's Advocacy Center, interviewed J.O. Lorem ipsum dolor sit amet, consectetur adipiscing elit. He argues (1) the trial court should have excluded the testimony about J.O. 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. As part of our judgment, we grant the State its $50 statutory assessment against defendant as costs of this appeal. said, Yes, he has but it wasn't Phillip. Instead, J.O. Harvard asserts no copyright in caselaw retrieved from this site. 1092484. J.O. The jury convicted him of both offenses and he received J.O. Levels and degrees of crime, differences between misdemeanor and felony 4. 3. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. "[125] Thomas's statements directly address the Supreme Court's confusion on both present and future Federal Indian Policy. [fn 13][53], Solicitor General Ted Olson argued that Congress, in response to the Duro decision, acted to "recognize and affirm" the Indian tribe's inherent power to enforce its criminal laws against Indians of other tribes. create a case brief of Illinois v. Lara (Ill. App. 1st Dist. Detective Linda Paraday, who watched Kato interview J.O., testified about that questioning and J.O. 3d at 955, 909 N.E.2d at 978, quoting People v. Cookson, 335 Ill. App. 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. aggravated criminal sexual abuse and remanded for resentencing. [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. 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. Appellate Court of Illinois, First District, Third Division. create a case brief of Illinois v. Lara (Ill. App. "[105] Thomas further questioned the law[106] ending the practice of making treaties with the tribes, noting that this was the one clear constitutional provision that provides for dealing with other sovereigns. He fell asleep. Illinois Supreme Court | THE PEOPLE OF THE STATE OF ILLINOIS. Further, an attorney surely does not want to elicit an answer that will implicate his client. 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. Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender (Megan E. Ledbetter, of counsel), for DefendantAppellant.Anita Alvarez, State's Attorney, State's Attorney of Cook County (Alan J. Spellberg, Ashley A. Romito, Jessica R. Ball, of counsel), for PlaintiffAppellee. {{meta.fullTitle}} However, there were two issues which the appellate court had not reached, namely, 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. The child appeared at trial, testified under oath, made an in-court identification of the defendant, and recalled speaking with the DCFS investigator. *261Kathleen testified she dated defendant between July 2007 and May 2008. consecutive terms of 10 and 8 years. 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. [93] The decision of the Eighth Circuit Court was reversed in the 72 decision. Is it in the nature of an affirmative defense, or does a, create a case brief of Illinois v. Lara (Ill. App. You can explore additional available newsletters here. View Cordero told Augustina what Jason had said. said Jason had touched her inappropriately. Court: United States Appellate Court of Illinois: . Subscribers are able to see a list of all the documents that have cited the case. Recognize attempt statutes and penalties 7. 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. as Amici Curiae 45. VLEX uses login cookies to provide you with a better browsing experience. When asked which parts, R.K. pointed down. Pellentesque dapibus efficitur laoreet. The doctor testified that epileptics often remain confused for hours after a seizure. Syllabus. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Defense counsel at both trial and on appeal provide a somewhat misleading representation of R.K.s testimony. said it was outside her vagina on both occasions. Docket No. 3d at 1000, 838 N.E.2d at 333. This case has been the subject of numerous law review articles since the decision was made. 1. The defendant is Lara's son, who sleeps at her house. Strickland v. Washington, 466 U.S. 668, 80 L. Ed. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. According to her testimony, defendant began to stay at her house more frequently in January 2008, approximately five nights per week. 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. When she came back, Jason again put his hand on her vagina. at 160, 459 N.W.2d at 531. 3d 991, 999, 696 N.E.2d 372, 378 (1998). 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. 's out-of-court statements. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. mother. R.K. never specifically denied defendant placed his tongue or mouth on her vagina. Br. [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. [33] Lara moved to dismiss the charge based on double jeopardy and other constitutional grounds. Upload your study docs or become a The grand jury indicted defendant on the charge of predatory criminal sexual assault of a child. CRIM 361 Chapter I (Question for Discussion).docx - Chapter woke up. [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.

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