According to her testimony, her roommate and babysitter, Dustin Plitus, watched R.K. and her brother while Kathleen was at work. [7] Only after 1862, when the Santee rose up against the whites and were subsequently removed to the Dakota Territory, did the fighting cease. The cause was remanded to the appellate court for its consideration of these If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. The trial then resumed. The issue is in this case is whether the state was able to provide any evidence other. Get free summaries of new Supreme Court of Illinois opinions delivered to your inbox! [49] This meant that double jeopardy attached. However, when the State asked R.K. if she liked defendant, she said no because he did something wrong. Shelley and Jason came to Cordero's home. [114] Souter believed that the only two ways that the tribes could regain their sovereignty would be for Congress to declare that they were independent of the United States, as it did with the Philippines, or for the Court to overturn the concept of a dependent domestic sovereign. "[101] Thomas did not believe that Congress has the constitutional authority to set the "metes and bounds of tribal sovereignty. 3d 786, 791, 780 N.E.2d 807, 811 (2002), affd, 215 Ill. 2d 194, 830 N.E.2d 484 (2005). The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony LARA, Defendant-Appellant. The judge admonished the venire about the principles that the jurors must presume the defendant's innocence, the State must prove the defendant's guilt beyond a reasonable doubt, the defendant has no duty to present any evidence, and the jurors must not hold against the defendant his exercise of his right not to testify. R.K. testified she told her mother, while riding in the car with her, what defendant had done to R.K. Deputy Smith testified he was dispatched to Kathleen K.s home on May 9, 2008, talked to Kathleen, and took a report. According to defense counsel, R.K.s testimony at trial was completely different from what she told Luckey. As a result, we will not say the trial courts pretrial ruling was fanciful, arbitrary, or unreasonable. Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. His confession was admitted into evidence; the girl gave statements and testified at trial. 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. of Criminal Defense Lawyers. 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. 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. He could not make much sense of what the officers had tried to say to him. Kitch, 392 Ill. App. [109], Justice David Souter wrote a dissenting opinion, which was joined by Justice Antonin Scalia. Accordingly, we vacate Jason's convictions for PCSA, reduce Jason's convictions for PCSA to convictions for ACSA, and remand for sentencing on the ACSA convictions. In April 2006, he attended a 40-hour class geared toward preparing individuals to interview children in situations such as this case. In August 2008, the trial court granted the States motion to admit R.Ks out-of-court statement, provided R.K. testified at trial. and C.A., who has a friend, Shelley Lara, that provides childcare often as she works evenings. He did not recall much about the statement he signed at the station. Question (1) Is a police officer's good faith reliance on a third party's apparent authority to consent to a search a valid exception to the warrant requirement of the Fourth Amendment? 2d 177, 124 S. Ct. 1354 (2004). Pellentesque dapibus effic
. Nam risus ante, dapibus a molestie consectetur adipisci
sectetur adipiscing elit. 3d 991, 999, 696 N.E.2d 372, 378 (1998). The appellate court held that
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. 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. 4-08-0983. Court: United States Appellate Court of Illinois: . United States. In this case, we find the jurys decision to believe R.K.s statement regarding defendant licking her pee pee was reasonable. evidence was sufficient to permit the defendants confession to be presented at trial. 3d at 115, 915 N.E.2d at 35. was alone with Phillip. 2d 674, 104 S. Ct. 2052 (1984). Third Division March 31, 2011 1-09-1326 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JASON LARA, Defendant-Appellant. ) Menominee Termination Act of 1954, June 17, 1954, 58, Menominee Restoration Act of 1973, December 22, 1973, 87, America is Indian Country: Opinions and Perspectives from Indian Country Today 90, National Association of Criminal Defense Lawyers, Confederated Salish and Kootenai Tribes of the Flathead Nation, Confederated Tribes of the Warm Springs Reservation, Salt River Pima-Maricopa Indian Community, Three Affiliated Tribes of the Fort Berthold Reservation, "United States v Lara: Affirmation of Tribal Criminal Jurisdiction Over Nonmember American Indians. [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. R.K. answered all of defense counsels questions. As a result, defense counsel questioned the reliability of the videotaped interview. For the reasons stated, we affirm defendants conviction. 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. According to defendant, R.K. testified defendant did not engage in the activity described in her recorded interview. Garcia-Cordova, 392 Ill. App. However, the State also introduced RK.s recorded interview and the recorded interview was admitted as substantive evidence. 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. When he awoke, he could not stand straight. We next address defendants argument the State failed to establish his guilt beyond a reasonable doubt. and C.A. The restitution consisted of $ 600 (or $ 50 in one source), eight ponies, and one blanket. 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. 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. Souter referenced prior cases dealing with sovereignty and jurisdiction, from the decision made in United States v. Kagama,[110] to the opinion made in South Dakota v. [111] Souter stated that the decision in this case did not align with precedent established in previous cases. but his testimony at trial denied any inappropriate behavior. VLEX uses login cookies to provide you with a better browsing experience. [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. [43] The Eighth Circuit's panel noted that in the Duro decision, the Supreme Court had observed that Congress could address the jurisdictional system, which Congress did. See People v. Sharp, 391 Ill. App. *262R.K. The. Which is also called penal law. 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. The judge also asked the jurors, in panels of four, whether they agreed with the presumption of innocence and the burden of proof. The judge admonished the venire about the principles that the jurors must presume the defendant's innocence, the State must prove the defendant's guilt beyond a reasonable doubt, the defendant has no duty to present any evidence, and the jurors must not hold against the defendant his exercise of his right not to testify. said, Yes, he has but it wasn't Phillip.. Not yet answered Select one: Marked out of O a. Accordi . 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. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Subscribers are able to see the revised versions of legislation with amendments. said Jason, not Phillip, had touched her private part. Augustina called Shelley and the police. 's out-of-court statements; (2) the court failed to comply with Supreme Court Rule 431(b) concerning admonitions to jurors; (3) the evidence proved the. [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. and C.A. 3d at 955, 909 N.E.2d at 978, quoting People v. Robertson, 312 Ill. App. However, strategic considerations such as these do not make the witness unavailable for cross-examination. Donec aliquet. Shelley Lara often watched the children while Augustina was at work. Walker, 236 Neb. Kathleen called the Child Advocacy Center, which referred her to the Department of Children and Family Services (DCFS) and the police. [67] Lara argued that since the tribe had no such inherent sovereignty, it could only prosecute a non-member Indian based upon federal sovereignty, which would make a subsequent Federal prosecution a violation of the prohibition of double jeopardy. The jurors were each provided a transcript of the videotaped statement while the videotape was played for the jury. defendant, Lara, was charged with predatory criminal sexual assault; he was, convicted; he appealed his conviction to the Illinois Court of Appeals citing corpus. Donec aliquet. She testified most of the time, she did not leave the children alone with defendant. . [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. 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. Kato specifically asked whether Jason put his hand inside her, and J.O. 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. A doctor testified that Jason suffered from epilepsy, and at the time of the arrest, medications did not adequately control his condition. [fn 8][30] Lara pleaded guilty to the tribal charge of "violence to a policeman". In October 2008, the trial court sentenced defendant to 12 years imprisonment. After respondent was arrested for disturbing the peace, he was taken to the police station. [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. On appeal, Jason argues that the State failed to prove the. People v. Reed, 361 Ill. App. consecutive terms of 10 and 8 years. [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. Any inconsistencies between RK.s trial testimony and her recorded interview affect only the weight and not the admissibility of the recorded interview. Which of the following examples would most likely be used in a short report? A. After the arrest, Jason spent some hours locked in a cell. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. [96] Kennedy states that is all that is needed to decide the case, but that the Court went further than was necessary when it decided that Congress had the power under the constitution to authorize tribes to prosecute non-member Indians. Your case brief should contain the following elements (and those elements should be separated into sections: Unlock access to this and over 10,000 step-by-step explanations. United States Appellate Court of Illinois, 946 N.E.2d 516,349 Ill.Dec. Lorem ipsum dolor sit amet, consectetur adipi,
sectetur adipiscing elit. Mashal v. And In a Representative Capacity On Behalf of All Those Similarly Situated, No. Subscribers are able to see a list of all the cited cases and legislation of a document. Defendant is correct that RK.s trial testimony alone was not sufficient to establish defendant placed his mouth on her vagina. our. [fn 7][20] Tribal leaders urged Congress to fix the problem that the Duro decision created. 's answers. No. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. No. 1st Dist. create a case brief of Illinois v. Lara (Ill. App. 3d at 484, 912 N.E.2d at 294. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. The jury was able to assess RK.s credibility because it was able to observe her demeanor in the video and on the witness stand and could consider any conflicts or inconsistencies in her testimony. The doctor had no opinion as to whether Jason suffered a seizure on the day of the arrest. She did not tell her mother or Shelley about either incident because she thought she would get in trouble. That defense counsel chose not to cross-examine R.K. on these issues does not translate to a lack of opportunity to do so. The child appeared at trial, testified under oath, made an in-court identification of the defendant, and recalled speaking with the DCFS investigator. to Cordero's home, before school. 3d at 483, 912 N.E.2d at 294. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources 126682 People State of Illinois, Appellee, v. Harold Blalock, Appellant. R.K. was available as a witness and answered all of defendants questions on cross-examination. She stated defendant usually always wore his jewelry, even while sleeping, unless he was going to church. 462 U.S. 640. specified that Jason's hand stayed outside her vagina in each incident. People v. Lara Annotate this Case. Defendant also argues the trial court should have reversed its pretrial ruling after R.K. testified at the trial because the contradictions between her testimony and her recorded interview rendered the interview unreliable. In the 1880s, Congress passed the Major Crimes Act, divesting tribes of criminal jurisdiction in regard to several felony crimes. 2011), Your case brief should contain the following elements (and those elements should be separated into sections: Case citation, Sometime people mistakenly say that the body of a murder victim provides the corpus delicti of the crime of murder. We affirm. [408 Ill.App.3d 737] (3) * * * [T]he out of court statement was made * *, Request a trial to view additional results. In this case, R.K. was present, she answered all of the questions posed by defense counsel, and nothing in the record indicates she would not have answered any other questions defense counsel could have asked. said that on two occasions about a month earlier, Jason had touched her private part.. Garcia-Cordova, 392 Ill. App. [100] He noted that doubtful precedents stated that Congress, and not another part of the government had the power to regulate everything that a tribe could or could not do, which renders tribal sovereignty a "nullity. Refer to Figure 2. The reservation was originally known as Devil's Lake Reservation. Kathleen testified she still loved defendant. Defendant contends his counsel would have had to ask her to admit she made the statement to Officer Luckey, thereby implicating defendant. R.K. described conduct with which a typical four- or five-year-old child would not and should not be familiar. Police officers arrested Jason. When reviewing a challenge to the sufficiency of the States evidence, we view the evidence presented in a light most favorable to the prosecution and determine whether any rational trier of fact could have found the State proved the elements of the offense beyond a reasonable doubt. 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. 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. slept, he put his finger into her vagina as far as his fingernail, and then J.O. The State's evidence, apart from the confession, supported a finding of only the lesser-included offense of aggravated criminal sexual abuse (ACSA). Lara was sentenced to 90 days in jail for the tribal offense. Donec aliquet. (As we *269noted above, R.K. did not deny the allegations in the indictment. 3d at 484, 912 N.E.2d at 294. issues. RULINGS/HOLDINGS The court finds that evidence and interviews support the findings of ACSA but not PCSA. Cordero took J.O. 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. Lara Annotate this Case Justia Opinion Summary Defendant was convicted of two counts of predatory criminal sexual assault on an eight-year-old girl, at his mother's home for babysitting, on two dates. According to her testimony, defendant began to stay at her house more frequently in January 2008, approximately five nights per week. Following Officer Luckeys testimony, the State rested. 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) Since separate sovereign bodies had filed the charges, double jeopardy did not apply to Lara's case. Nam lacinia pulvinar tortor nec facilisis. For example, some states have abandoned the insanity defense and the U.S .Supreme Court. Jason Lara, was found guilty of two counts of, predatory criminal sexual assault for inserting his finger into the vagina of an eight-, year-old girl. 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. Submit 2 - Solomon Company sells lamps and other lighting fi 10. | State of Illinois Office of the Illinois Courts, Anticipated Filing Dates and Opinions List, Petition for Leave to Appeal Dispositions, Plead and Pay Traffic / Conservation Tickets (e-Guilty), Illinois Circuit Court Statistical Reports, Probation Eligible Employment Application, Illinois Rules of Professional Conduct of 2010, Illinois Code of Judicial Conduct of 2023, re:SearchIL (Statewide Document Repository), Volunteer Pro Bono Program for Criminal Appeals, Annual Certification of Private Insurance Coverage, Judicial Request for Removal of Personal Information, Unlawful Use of a Weapon Sentencing Form (SPAC), Judicial Branch Application for Employment, Representation by Law Students / Graduates (Rule 711), Circuit Civil, Criminal and Traffic Assessment Reports, Illinois Judicial Branch Strategic Agenda, 2016 Statutory Court Fee Task Force Report, 2023 Statutory Court Fee Task Force Report, Results of 2015 Circuit Court User Survey, Access to Justice Commission's Strategic Plan, Mental Health and Justice in Cook County Bond Courts, Pretrial Practices Data Oversight Board Preliminary Report, Judicial Management Information Services Division (IT), Statutory Court Fees Task Force Public Hearings, Appellate Court Policies on Access for Persons with Disabilities, Appellate Court Total Caseload Statistics. He did not recall much about the statement he signed at the station. Defense counsel chose to limit his cross-examination of R.K. Defense counsel did not ask her any questions about the alleged incident or any other incidents of inappropriate contact. *259Michael J. Pelletier, Gary R. Peterson, and Stuart H. Shiftman, all of State Appellate Defenders Office, of Springfield, for appellant. A grand jury indicted Jason on 11 separate counts for sex crimes against J.O., and prosecutors chose to try him on 2 counts of PCSA (720 ILCS 5/1214.1(a)(1) (West 2004)). Augustina P. had two children, J.O. The confession admitted that he had penetrated the victim, an element of the offenses,
slept at Shelley's home, where Shelley's son, Jason, also slept. 3d at 480, 912 N.E.2d at 291. slept at Shelley's home, where Shelley's son, Jason, also slept. Carey Kato, a forensic interviewer working for the Children's Advocacy Center, interviewed J.O. Augustina P. had two children, J.O. R.K. testified people are not supposed to touch certain parts of her body. 1-09-1326. The Duro case involved the slaying of a 14-year-old on the reservation by an Indian of another tribe. Levels and degrees of crime, differences between misdemeanor and felony 4. [89] Since the power exercised by the Spirit Lake Sioux Tribe was that of inherent tribal sovereignty, double jeopardy did not attach. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. The trial court found that [408 Ill.App.3d 735] the questions did not effectively coach J.O. 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. Pe
sectetur adipiscing elit. Nam lacinia pulvinar tortor nec facilisis. about the matter. may be used to prove the corpus delicti. 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. Pellentesque dapibus efficitur laoreet. However, there were two issues which the appellate court had not reached, namely,
statements and also testified at trial. [66] He stated that it was the place of the Supreme Court, not Congress, to determine the inherent sovereignty of the tribe. The applicable standard of review for this case is finding of guilt in criminal actions whether by the trial court or jury shall be set aside if the evidence is insufficient to support the findings by the trier of fact ofguilt beyond a reasonable doubt. presented to support the convictions. Crow Dog was tried in federal court for murder, found guilty, and sentenced to hang. She did not tell her mother or Shelley about either incident because she thought she would get in trouble. See Ill.S.Ct. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. Decided: June 28, 2010. CRIM 361 Chapter 3 (Question for Discussion).docx, Unformatted text preview: ISSUES Is Laras sole confession of PCSA enough to convict him on two counts regardless of insufficient evidence of corpus delicti? How much output does the Unlock every step-by-step explanation, download literature note PDFs, plus more. The indictment alleged defendant placed his mouth on R.Ks vagina. 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. 's out-of-court statements. "[fn 6][16] In 1886, the Act was upheld by the Supreme Court in United States v. [80] He noted that the Indian Treaty Clause[81] did not specifically grant Congress the right to legislate, but that treaties made pursuant to the clause could grant Congress the authority to legislate in regards to treaty matters. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee. He noted that the Indian tribes governed themselves since before Columbus arrived, and that most states never governed themselves outside of the United States. As she described it, it felt like he was stabbing her with his lip rings. 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. Pellentesque dapibus efficitur laoreet. R.K. never specifically denied defendant placed his tongue or mouth on her vagina. When she came back, Jason again put his hand on her vagina. May 1, 2007). whether defendants request for a jury instruction on the lesser-included offense of
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. However, our supreme court has also stated, [t]he confrontation clause is not violated by admitting a declarants out-of-court statements, as long as the declarant is testifying as a witness and subject to full and effective cross-examination. People v. Flores, 128 Ill. 2d 66, 88, 538 N.E.2d 481, 489 (1989).
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