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. Appeal, Appellate Court, First District Date Filed Description 8/30/2021 Appellant's Brief: 9/13/2021 Amicus Brief: 1/28/2022 . woke up. but his testimony at trial denied any inappropriate behavior. Nam risus ante, dapibus a molestie con
sectetur adipisci sectetur adipiscing elit. He also experienced some twitches he could not control. The trial court found that [408 Ill.App.3d 735] the questions did not effectively coach J.O. In Kitch, this court recently adhered to its previous ruling in Reed and rejected the defendants contention section 115 10 is facially unconstitutional. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Strickland v. Washington, 466 U.S. 668, 80 L. Ed. Garcia-Cordova, 392 Ill. App. In July 2008, a hearing was held on R.K.s out-of-court statement. [97] Finally, Kennedy was concerned that the court did not address the question of the Equal Protection Clause. into a bedroom and asked her if Phillip had ever touched her in a way that made her uncomfortable. [fn 3], In response to Ex Parte Crow Dog, Congress passed the Major Crimes Act in 1885. Pellentesque dapibus efficitur lao
sectetur sectetur adipiscing elit. People v. Lara - 67 Cal.2d 365 - Fri, 09/29/1967 | California Supreme According to defendant, R.K. testified defendant did not engage in the activity described in her recorded interview. 10&11 quiz.docx 7 pages Judicial Opinion Assignement.docx 3 pages Harvard asserts no copyright in caselaw retrieved from this site. J.O. See Ill.S.Ct. Explain the positive contributions of firms to society. 12&13 Questions.docx 1 pages Case Breif.docx 4 pages Judical Project.docx 8 pages Ch. Donec aliquet. 1st Dist. m01 Case Briefing.docx - Jason Lara V. State of Illinois RULINGS/HOLDINGS The court finds that evidence and interviews support the findings of ACSA but not PCSA. Nam
sectetur adipiscing elit. Lara requests his convictions be reduced from PCSA to ACSA due to lack of corpus, Court finds sufficient evidence to support ACSA but not enough to charge Lara with. 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. Press Ctrl + / (Windows, Chrome OS) or + / (Mac) to jump to the Tools menu. He was assigned to investigate the allegations involving R.K. Glaub also testified he requested a physical exam of R.K. be performed. However, she testified he was alone with the children once or twice for approximately two hours when she went to the grocery store. Defendant had the opportunity to cross-examine the victim in this case, and she answered all of his questions. The trial court found that [408 Ill.App.3d 735] the questions did not effectively coach J.O. In addition, as the State points out in its brief, the confrontation clause only guarantees an opportunity for effective cross-examination; it does not guarantee effective cross-examination. [408 Ill.App.3d 736] The court instructed the jurors that when they considered the testimony of any witness, they could take into account the witness's, ability and opportunity to observe, his memory, his manner while testifying, any interest, bias or prejudice he may have, and the reasonableness of his testimony considered in the light of all the evidence in the case.. We allow free access to up to 500 cases per person per day see Pellentesque dapibus efficitur laoreet. Not only did R.K. describe what defendant did, she also described how it felt. He argues (1) the trial court should have excluded the testimony about J.O. Full Document. [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. [78], Breyer stated that the Indian Commerce Clause[79] of the United States Constitution granted Congress "plenary and exclusive" power to legislate in respect to the Indian tribes. slept at Shelley's home, where Shelley's son, Jason, also slept. 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 . 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. 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. 3d at 483, 912 N.E.2d at 294. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. RATIONALE The court refers to corpus delicti and explains proof of corpus delicti may not rest solely on the confession from a defendant. Case Brief 1.docx - Brewer v. Williams 430 U.S. 387 1977 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. Defendant was free to, and did, argue these inconsistencies to the jury. Subscribers are able to see a visualisation of a case and its relationships to other cases. The Duro case involved the slaying of a 14-year-old on the reservation by an Indian of another tribe. 3. No. 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. The child testified she made several drawings during her meetings with the DCFS investigator, some of which she identified *270during her testimony. Touching for a five-year-old is done with fingers and hands. [88] The decision in Duro was one of federal common law, and it is clear that Congress has the power to change that law. PDF Search and Seizure Case Briefs - Caught.net R.K. described conduct with which a typical four- or five-year-old child would not and should not be familiar. Defendant points to the fact R.K. never stated at trial defendant had penetrated her with his tongue. [47], Lara then requested a rehearing en banc by the full court. Deputy Smith testified he was dispatched to Kathleen K.s home on May 9, 2008, talked to Kathleen, and took a report. The State only asked R.K. if defendant had touched her with anything beside his hand. later that day. In April 2006, he attended a 40-hour class geared toward preparing individuals to interview children in situations such as this case. 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)). said Jason had touched her inappropriately. [8] In 1872, the Sisseton and Wahpeton bands of the Santee signed a treaty that resulted in their moving to the Spirit Lake Reservation. M02 Discussion - Illinois v. Lara (Ill. App. When determining the constitutionality of a statute, courts presume the statute is constitutional. In fact, Glaub stated R.K. said no one told her what to say. confession should not have been admitted because it was not sufficiently corroborated by
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. He testified he had received special training on how to interview children who are victims of sexual abuse or severe physical abuse. School Ivy Tech Community College, Indianapolis Course Title CRIM 211 Uploaded By BailiffPorpoise1040 Pages 1 said that on two occasions about a month earlier, Jason had touched her private part.. Case Situation.docx - Case Situation: The defendant Jason Lara was Two middle school girls plotted to kill their teacher with poison.docx [50] The United States then appealed to the Supreme Court, which granted certiorari to hear the case. was sleeping on the floor after having been brought overnight for babysitting by defendants
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. Nam lacinia pulvinar tortor nec facilisis. 1st Dist. [93] The decision of the Eighth Circuit Court was reversed in the 72 decision. A statute is facially unconstitutional (in contrast to unconstitutional as applied to [a] defendant) only if one can think of no circumstance in which the statute would be constitutional. People v. Kitch, 392 Ill. App. (b) Such testimony shall only be admitted if: (1) The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and, (A) testifies at the proceeding; * * * [and]. Defendant appeals, arguing (1) section 115 10 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115 10 (West 2008)) is unconstitutional; (2) the trial court abused its discretion by allowing the State to introduce RK.s videotaped statement pursuant to section 115 10 of the Code (725 ILCS 5/115 10 (West 2008)); (3) the State failed to establish defendants guilt beyond a reasonable doubt; and (4) defendants trial counsel was ineffective for failing to argue RK.s testimony at trial made her unavailable as a witness and denied defendant his right to confront witnesses against him. 110803, 944 N.E.2d 345 (Mar. 's father. The appeal of Lara is automatic. ", This page was last edited on 4 October 2022, at 14:40. 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. Your browser doesn't support HTML5 audio. 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. United States V. Lara This site is protected by reCAPTCHA and the Google. Illinois v. McArthur Michigan v. Summers Payton v. New York U.S. v. Place II SEARCH a. R.K. never specifically denied defendant placed his tongue or mouth on her vagina. [45] The panel then affirmed the trial court on the Petite claim. Further, Luckey testified he did not believe R.K. had been coached. explained that when she and her sister slept at Shelley's home, they would sleep on the floor next to the bed in the living room where Jason slept. 1st Dist. At the trial, J.O. Augustina, who worked many evenings, often asked her friend, Shelley Lara, to look after her two children. 's pants and touched her vagina. Officer Luckey testified he was a police officer with the City of Eureka and had been a police officer for 20 years. i Fourth Amendment . Illinois v. Lara Case Brief.docx - Illinois v. Lara 2012 IL App 1st 091326-U FACTS Agustina P. had two children J.O and C.A who would often stay Illinois v. Lara Case Brief.docx - Illinois v. Lara 2012 IL. 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. A reversion can be used in a GRAT or GRUT to: (a) Remove trust property from a grantor's estate. Press escape to return to last selected case text. 2 The Supreme Court of Illinois denied defendant's petition for leave to appeal but issued a supervisory order (People v. Lara, No. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. [fn 8][30] Lara pleaded guilty to the tribal charge of "violence to a policeman". Criminal liability 8. The court refused Jason's request for an instruction on the lesser-included offense of ACSA. Sometimes J.O. 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. 3d at 1081, 909 N.E.2d at 400. Luckey testified he did not believe R.K. had been coached prior to the interview. The child appeared at trial, testified under oath, made an in-court identification of the defendant, and recalled speaking with the DCFS investigator. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. 3d at 480, 912 N.E.2d at 291. *261Kathleen testified she dated defendant between July 2007 and May 2008. Definition of Search Bond v. U.S. Steagald v. U.S. In the case at bar, defendant was not deprived of an opportunity to cross-examine R.K. She answered all of defendants questions on cross-examination. Subscribers are able to see any amendments made to the case. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. 1st Dist. [96] Kennedy states that is all that is needed to decide the case, but that the Court went further than was necessary when it decided that Congress had the power under the constitution to authorize tribes to prosecute non-member Indians. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. and C.A. [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. When he awoke, he could not stand straight. Pellentesque dapibus efficitur laoreet. Is it in the nature of an affirmative defense, or does a, create a case brief of Illinois v. Lara (Ill. App. R.Ks mother testified she still loved defendant and defendant and R.K. got along well together. As we stated earlier, Luckey asked open-ended questions, to which R.K. responded. Download PDF. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. said, Yes, he has but it wasn't Phillip. Instead, J.O. Lara was also charged with resisting lawful arrest, trespass, disobedience to a lawful order of the tribal court, and public intoxication. Kathleen called the Child Advocacy Center, which referred her to the Department of Children and Family Services (DCFS) and the police. The parties stipulated that in January 2005 Jason was 19 years old. 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. [7] Only after 1862, when the Santee rose up against the whites and were subsequently removed to the Dakota Territory, did the fighting cease. and C.A. She testified R.K. and defendant got along well together and R.K. considered defendant her friend. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. R.K. testified defendants hands touched her below her clothes. According to her testimony, her roommate and babysitter, Dustin Plitus, watched R.K. and her brother while Kathleen was at work. R.K. told Luckey defendants facial jewelry hurt her pee-pee when he was performing oral sex on her. Nam lacinia pulvinar tortor nec facilisis. made to Augustina, Cordero and Kato. was excessive. -Shelley Lara was a babysitter for one of her friends and was responsible for babysitting two children. [91] He did note that "we are not now faced with a question dealing with potential constitutional limits on congressional efforts to legislate far more radical changes in tribal status. Nam lacinia pulvinar tortor nec facilisis. [fn 10][37] The Federal District Court, with Magistrate Judge Alice R. Senechal sitting by consent, denied the motions and Lara entered a conditional guilty plea, reserving the right to appeal. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Jason raises six separate arguments on appeal. Crow Dog was tried in federal court for murder, found guilty, and sentenced to hang. At trial, he denied any inappropriate behavior. Any inconsistencies between RK.s trial testimony and her recorded interview affect only the weight and not the admissibility of the recorded interview. [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. Defendant contends his counsel would have had to ask her to admit she made the statement to Officer Luckey, thereby implicating defendant. [99], Justice Clarence Thomas wrote a concurring opinion stating that it was time to re-examine the entire concept of tribal sovereignty. Defendant also argues the trial court abused its discretion by allowing R.K.s videotaped statement to be shown to the jury. [77] He noted that the intent of Congress was clear, not only based on the plain language of the statute, but also from its legislative history. 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. Luckey testified he wants a child he is interviewing to feel comfortable and not intimidated so the child can tell him what happened. He admitted that in January 2005, on two separate occasions, he put his hand in J.O. Argued April 20, 1983. *262R.K. 3d at 484, 912 N.E.2d at 294. 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. The video of the interview was admitted into evidence at the hearing as Peoples exhibit No. 1092484. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. His confession was admitted into evidence; the girl gave statements and testified at trial. However, when the State asked R.K. if she liked defendant, she said no because he did something wrong. Defendant suggests R.K.s inability to pinpoint when the sex act occurred and certain inconsistencies rendered her statement unreliable. View Court: United States Appellate Court of Illinois: . By denying the allegations at issue in the indictment, defendant argues R.K. created a situation where defendant could not effectively cross-examine her. independent evidence as required by the rule of corpus delicti. create a case brief of Illinois v. Lara (Ill. App. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. to give the answers she gave, and therefore, the statements were sufficiently reliable for admission into evidence under section 11510 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/11510(a), (b) (West 2008)). The indictment alleged defendant placed his mouth on R.Ks vagina. No one at trial asked her directly if defendant licked her pee pee.). [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. When she came back, Jason again put his hand on her vagina. 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) In Justice Thomas's conclusion at the end of this case, he stated, "History points in both directions. The reservation was originally known as Devil's Lake Reservation. The jury found defendant guilty of predatory criminal sexual assault. Do the two works give you similar or different perspectives on Mesopotam . Glaub observed Luckeys interview of R.K. Glaub testified there was no indication R.K. had *264been coached. The issue is in this case is whether the state was able to provide any evidence other. 2011) Your case brief should contain the following elements (and those elements should be separated into sections: Case citation, create a case brief of Illinois v. Lara (Ill. App. He could not make much sense of what the officers had tried to say to him. 1st Dist. [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. Defense counsel argued R.K. did not testify to the elements charged in this case. At the trial, J.O. 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. 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. 's out-of-court statements. [98] He would have reversed the Eighth Circuit without going into the additional detail. inappropriately, and he never put his hand in her pants. According to defense counsel, R.K.s testimony at trial was completely different from what she told Luckey. Get free summaries of new Supreme Court of Illinois opinions delivered to your inbox! She also testified his hands were outside her underwear. 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. 2011) Case Brief. [408 Ill.App.3d 736] The court instructed the jurors that when they considered the testimony of any witness, they could take into account the witness's ability and opportunity to observe, his memory, his manner while testifying, any interest, bias or prejudice he may have, and the reasonableness of his testimony considered in the light of all the evidence in the case. The court did not instruct the jurors on the weight they should give statements made out of court, or factors to consider in assessing the credibility of children's statements. After R.K. testified, the trial court heard arguments outside the presence of the jury regarding R.Ks videotaped statement. The court did not instruct the jurors on the weight they should give statements made out of court, or factors to consider in assessing the credibility of children's statements. Augustina P. had two children, J.O. [26] The Spirit Lake Reservation is approximately 90 miles (140km) south of the Turtle Mountain Indian Reservation. [58] He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress. He did not recall much about the statement he signed at the station. 3d 257, 932 N.E.2d 1052 (2010). criminal sexual assault on an eight-year-old girl on two separate dates in January of 2005,
Neither the State nor defendant specifically asked R.K. whether defendant put his mouth or tongue on her vagina. said Jason had touched her inappropriately. The PEOPLE of the State of Illinois, PlaintiffAppellee,v.Jason LARA, DefendantAppellant. 2023 The President and Fellows of Harvard University. Jason signed a statement about the incident later that day. View People v. Cookson, 215 Ill. 2d 194, 204, 830 N.E.2d 484, 490 (2005). In October 2008, the trial court sentenced defendant to 12 years imprisonment. The federal government has exclusive jurisdiction as regards the states, however, the Indian tribes retain. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources Glaub testified he did not ask Tim K. about his relationship with defendant. The judge did not ask the jurors about the defendant's lack of a duty to present evidence or the right not to testify. [23] This legislation became known as the "Duro fix",[24] and was based on tribal sovereignty rather than a federal delegation of power. It reduced them to the lesser-included offenses of aggravated criminal sexual abuse and remanded for resentencing. Defendant does not argue his trial counsel was ineffective for failing to ask R.K. whether defendant put his mouth or tongue on her vagina. He gave a confession, which was admitted into evidence, and the girl gave
[57] The government argued that the limitation in Duro was a statutory limitation of the tribe's sovereignty, not a constitutional limit, and that Congress had the authority to remove that limitation. was alone with Phillip. At the time of the offense, R.K. was 5 years old (born September 16, 2002) and defendant was 25 years old. Welcome to the Caselaw Access Project! 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. Advanced A.I. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. An attorneys performance must be evaluated from counsels perspective at the time the contested action was taken and will be considered constitutionally deficient only if it is objectively unreasonable under prevailing professional norms. People v. Bailey, 232 Ill. 2d 285, 289, 903 N.E.2d 409, 412 (2009). Subscribers are able to see a list of all the cited cases and legislation of a document. In addition, the record contains no possible motive for R.K. to fabricate these allegations. Br. [12] The Act provided that the federal government had exclusive jurisdiction[fn 4] over certain Indian-on-Indian crimes[fn 5] when the crimes were committed in "Indian country. The court also stated defendant could have emphasized the issue of the childs credibility to the jury. Bryant, 391 Ill. App. He received consecutive terms of 10 and 8 years. [408 Ill.App.3d 737] (3) * * * [T]he out of court statement was made * *, Request a trial to view additional results. 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. [76], Justice Stephen Breyer delivered the opinion of the court on April 19, 2004. interpretation of the corpus delicti rule, holding that the State need not present independent
To establish ineffective assistance of counsel, defendant must establish (1) his counsels performance was so deficient the attorney was not functioning as counsel guaranteed by the sixth amendment to the United States Constitution, and (2) he was prejudiced by the deficient performance. After the arrest, Bureau of Indian Affairs (BIA) officer Bryon Swan took Lara to the police station where Lara was informed of a Sioux order excluding him from the reservation. [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. Course Hero is not sponsored or endorsed by any college or university. Lorem ipsum dolor sit amet, consectetur adipiscing e
sectetur sectetur adipiscing elit. Luckey testified he interviewed R.K., who was five at the time, at the Child Advocacy Center in Eureka in May 2008. 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. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony LARA, Defendant-Appellant. create a case brief of Illinois v. Lara (Ill. App. Luckey testified he received additional training in April 2007 and May 2007. Subscribers are able to see a list of all the documents that have cited the case. 126682 People State of Illinois, Appellee, v. Harold Blalock, Appellant. 462 U.S. 640. "[124] Thomas further stated, "Federal Indian policy, is, to say the least, schizophrenic. The victim in this case, R.K., took the stand and offered meaningful testimony.
illinois v lara case brief