In general, during any trial, an attorney does not want to ask a question if he does not know how the witness will answer. Sign up for our free summaries and get the latest delivered directly to you. Case Brief 1.docx - Brewer v. Williams 430 U.S. 387 1977 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)). presented to support the convictions. People v. Reed, 361 Ill. App. 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. Garcia-Cordova, 392 Ill. App. J.O. We find the trial court did not abuse its discretion in admitting this evidence. The judge also asked the jurors, in panels of four, whether they agreed with the presumption of innocence and the burden of proof. Pellentesque dapibus efficitur laoreet. Subscribers are able to see the revised versions of legislation with amendments. 1st Dist. By denying the allegations at issue in the indictment, defendant argues R.K. created a situation where defendant could not effectively cross-examine her. Augustina P. had two children, J.O. defendant, Lara, was charged with predatory criminal sexual assault; he was, convicted; he appealed his conviction to the Illinois Court of Appeals citing corpus. were alone together. Jason admits on two separate occasions in January of 2005 he touched J.O. 1st Dist. '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. People v. Curtis, 296 Ill. App. In 1990, the Supreme Court ruled in Duro v. Reina that an Indian tribe did not have the authority to try an Indian criminally who was not a member of that tribe. 322,408 Ill.App.3d 732. As a result, we will not say the trial courts pretrial ruling was fanciful, arbitrary, or unreasonable. According to her testimony, defendant began to stay at her house more frequently in January 2008, approximately five nights per week. The appellate court held that
2011) Case Brief. Luckey testified he typically does not know the alleged facts of the case before interviewing a child so that he can avoid leading the child. She also testified who was depicted in the drawings she was able to identify. said Jason had touched her inappropriately. He stated he spoke to R.Ks father, Tim K. Tim K. had no knowledge about the substance of R.K.s allegations against defendant. 3d at 955, 909 N.E.2d at 978, quoting People v. Cookson, 335 Ill. App. Deputy Smith testified he was dispatched to Kathleen K.s home on May 9, 2008, talked to Kathleen, and took a report. 's answers. After the arrest, Jason spent some hours locked in a cell. [fn 7][20] Tribal leaders urged Congress to fix the problem that the Duro decision created. Further, an attorney surely does not want to elicit an answer that will implicate his client. Docket No. After the arrest, Jason spent some hours locked in a cell. [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. In the recorded interview, RK. 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. Defendant is correct that RK.s trial testimony alone was not sufficient to establish defendant placed his mouth on her vagina. 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. Luckey then asked her about what happens when defendant licks her pee pee.. End of preview. We disagree with defendants characterization of Officer Luckeys interview technique. Officer Luckey did not direct R.Ks answers in the interview. [68] It was noted that members of Indian tribes were at the same time United States citizens, and protected under the constitution in the same manner as any other citizen. 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. 1st Dist. was alone with Phillip. 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. May 1, 2007). but his testimony at trial denied any inappropriate behavior. J.O. [fn 9] Soon after, federal prosecutors charged Lara with assault on a federal officer[32] and a federal grand jury indicted him. Not only did R.K. describe what defendant did, she also described how it felt. 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. Further, defendant had the opportunity to cross-examine her. Learn more. According to defense counsel, R.K.s testimony at trial was completely different from what she told Luckey. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. View (Pen. 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. 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. One night she woke up to find her pants and underpants pulled down to her knees, and Jason's hand resting on her private part. 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. PDF No. 3-12-0947 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT - NORML 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. After viewing the videotape, we do not find the trial court abused its discretion in finding the time, content, and circumstances of the statement provide sufficient safeguards of reliability (725 ILCS 5/115 10(b)(1) (West 2006)). Defendants argument his trial counsel should have argued R.K. was unavailable fails here because it is clear R.K. was available. [98] He would have reversed the Eighth Circuit without going into the additional detail. 2023 Course Hero, Inc. All rights reserved. STATE v. LARA (2000) | FindLaw One night she woke up to find her pants and underpants pulled down to her knees, and Jason's hand resting on her private part.. 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. No. The trial then resumed. MEYERSCOUGH, EJ., and TURNER, J., concur. She testified defendant had to leave her house between 5:30 and 6 a.m. to get to work. 1092484. [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. R.K. testified defendant would stand and look at her when he was not touching her. Criminal liability 8. evidence was sufficient to permit the defendants confession to be presented at trial. The State's evidence, apart from the confession, supported a finding of only the lesser-included offense of aggravated criminal sexual abuse (ACSA). She stated defendant usually always wore his jewelry, even while sleeping, unless he was going to church. [48] While the court noted that the Fifth Amendment allowed prosecution by two separate sovereigns, such as the federal government and a state government, it found that an Indian tribe derived its authority to prosecute offenders from the ICRA, which was federal law. 2011), Your case brief should contain the following elements (and those elements should be separated into sections: Case citation, We covered many defenses to criminal liability in this module. [6] The war between the tribes continued until at least the 1850s. She testified her children were present in the home when defendant spent nights there. CITATION OF CASES DOES NOT INCLUDE . Kathleen also testified defendant had an eyebrow ring, two lip rings, a labret piercing, and a tongue ring. As our supreme court has stated, it is for the fact finder to judge how flaws in part of the testimony affect the credibility of the whole as long as its judgment is reasonable in light of the record. made to Augustina, Cordero and Kato. Cordero told Augustina what Jason had said. 3d at 1081, 909 N.E.2d at 400. 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. and C.A. The restitution consisted of $ 600 (or $ 50 in one source), eight ponies, and one blanket. and C.A., who has a friend, Shelley Lara, that provides childcare often as she works evenings. delicti. specified that Jason's hand stayed outside her vagina in each incident. R.K. never specifically denied defendant placed his tongue or mouth on her vagina. about the matter. mother. The grand jury indicted defendant on the charge of predatory criminal sexual assault of a child. whether defendants request for a jury instruction on the lesser-included offense of
*262R.K. 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. of Nat'l Assoc. The trial court found that [408 Ill.App.3d 735] the questions did not effectively coach J.O. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. In the 1880s, Congress passed the Major Crimes Act, divesting tribes of criminal jurisdiction in regard to several felony crimes. However, she testified he was alone with the children once or twice for approximately two hours when she went to the grocery store. create a case brief of Illinois v. Lara (Ill. App. (As we *269noted above, R.K. did not deny the allegations in the indictment. Luckey testified he had received specialized training in interviewing children alleged to be victims of sexual or physical abuse. He could not make much sense of what the officers had tried to say to him. [112] Since Duro held that the tribes had lost their inherent sovereignty, the only way for the tribes to regain jurisdiction over non-member Indians would be by the delegation of that jurisdiction by Congress. [33] Lara moved to dismiss the charge based on double jeopardy and other constitutional grounds. woke up. Pellentesque dapibus efficitur lao
sectetur
sectetur adipiscing elit. Augustina's sister brought J.O. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. [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. R.K. testified she told her mother, while riding in the car with her, what defendant had done to R.K. J.O. Glaub testified protocols for the Child Advocacy Center call for other family members to be interviewed, with special importance placed on parents and caretakers. Subscribers can access the reported version of this case. See Bryant, 391 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. Lara was sentenced to 90 days in jail for the tribal offense. Recognize attempt statutes and penalties 7. Rolandis G., 232 Ill. 2d at 33, 902 N.E.2d at 611. 3d at 1000, 838 N.E.2d at 333. Jason signed a statement about the incident later that day. 6. Section 12 14.1(a)(1) of the Code states a defendant commits predatory criminal sexual assault of a child if *** the accused was 17 years of age or over and commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed. 720 ILCS 5/12 14.1(a)(1) (West 2006). Walker, 236 Neb. Neither the State nor defendant specifically asked R.K. whether defendant put his mouth or tongue on her vagina. The jury could have found R.Ks videotaped statement more complete and trustworthy than her trial testimony, given its proximity *267in time to the incident. Further, Luckey testified he did not believe R.K. had been coached. As a result, defense counsel questioned the reliability of the videotaped interview. [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. The threshold issue we must decide is whether the trial court erred when it permitted Augustina, Cordero and Paraday to testify about J.O. [93] The decision of the Eighth Circuit Court was reversed in the 72 decision. 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. create a case brief of Illinois v. Lara (Ill. App. Crow Dog was tried in federal court for murder, found guilty, and sentenced to hang. He testified that he might have had an epileptic seizure in the cell without realizing it. He asked open-ended questions, which R.K. answered. 110803, 944 N.E.2d 345 (Mar. [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. 3d at 484, 912 N.E.2d at 294. 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. 3d 995, 1000, 838 N.E.2d 328, 333 (2005). Augustina, who worked many evenings, often asked her friend, Shelley Lara, to look after her two children. [94], Justice John Paul Stevens wrote a concurring opinion that argued that the Indian tribes have a stronger claim on inherent sovereign powers than do individual states. She woke up and took her sister with her as she went to spend the rest of the night in Shelley's room. The cause was remanded to the appellate court for its consideration of these
Detective Linda Paraday, who watched Kato interview J.O., testified about that questioning and J.O. The court also stated defendant could have emphasized the issue of the childs credibility to the jury. 12&13 Questions.docx 1 pages Case Breif.docx 4 pages Judical Project.docx 8 pages Ch. Nam lacinia pulvinar tortor nec facilisis. [99], Justice Clarence Thomas wrote a concurring opinion stating that it was time to re-examine the entire concept of tribal sovereignty. later that day. create a case brief of Illinois v. Lara (Ill. App. Defendant points to the fact R.K. never stated at trial defendant had penetrated her with his tongue. PEOPLE v. LARA (2010) | FindLaw Nam lacinia pulvinar tortor nec facilisis. Pellentesque dapibus efficitur laoreet. An assistant State's Attorney read to the jury the handwritten statement Jason signed. [408 Ill.App.3d 733] A jury found the defendant, Jason Lara, guilty of two counts of predatory criminal sexual assault (PCSA) for inserting his finger into the vagina of an eight-year-old girl, J.O. (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]. [72] Lara's position was supported by amicus curiae briefs filed by the National Association of Criminal Defense Lawyers,[73] Lewis County, Idaho, (along with several other counties),[fn 19] the Citizen's Equal Rights Foundation,[75] and T. Morris, E. Morris, and R. Morris (individual Indians). inappropriately and inserted his finger in her vagina. He did not recall much about the statement he signed at the station. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. of Criminal Defense Lawyers. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. 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. [47], Lara then requested a rehearing en banc by the full court. All Documents are available in pdf format. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. issues. said, Yes, he has but it wasn't Phillip.. It reduced them to the lesser-included offenses of aggravated criminal sexual abuse and remanded for resentencing. Explain the positive contributions of firms to society. This Cook County defendant was charged with committing two counts of predatory
other than Jasons own confession. 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. Case Briefs Commonwealth of Kentucky, Justice Cabinet Department of Criminal Justice Training Legal Section REVISION 7/20/01 2.7 . R.K. testified she considered defendant her friend. The court noted that in previous Supreme Court rulings, the determination of tribal jurisdiction was based on the tribal membership of the individual, not on his race as an Indian. School Ivy Tech Community College, Indianapolis Course Title CRIM 211 Uploaded By BailiffPorpoise1040 Pages 1 what is a case briefing of Illinois v. Lara The case brief The court stated cross-examination on these topics could be considered friendly cross-examination. Garcia-Cordova, 392 Ill. App. 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. 3d at 1000, 838 N.E.2d at 333. Before trial, the prosecution filed a motion seeking to admit at trial testimony about the statements J.O. The Chippewa or Ojibwe people were also from the same general area. Garcia-Cordova, 392 Ill. App. [104] [fn 3], In response to Ex Parte Crow Dog, Congress passed the Major Crimes Act in 1885. An attorney is not required to, and indeed should not, make an argument not well-grounded in fact or law. Determinations of the credibility of witnesses, the weight to be given their testimony, and reasonable inferences to be drawn from the evidence lie in the province of the trier of fact, here the jury. 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. Submit 2 - Solomon Company sells lamps and other lighting fi 10. United States v. Lara - Wikipedia Kathleen testified R.K. told her about the allegations against defendant in the car when she and R.K. were alone. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. About; License; Lawyer Directory; Projects. Augustina worked evenings. Kathleens bedroom was on the second floor. After several incidents of serious misconduct, the Spirit Lake Tribe issued an order excluding him from the reservation. The defendant, Billy Jo Lara, was charged for acts that were criminal offenses under both the Spirit Lake Sioux Tribe's laws and the federal United States Code. At trial, he denied any inappropriate behavior. whether his combined 18-year term for the two predatory criminal sexual abuse convictions
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. The parties stipulated that in January 2005 Jason was 19 years old. At the trial, J.O. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. 3d 257, 932 N.E.2d 1052 (2010). In this case, R.Ks testimony at trial was not so much inconsistent with the videotaped statement as it was less complete than the previous statement. In this case, we find the jurys decision to believe R.K.s statement regarding defendant licking her pee pee was reasonable. Jason raises six separate arguments on appeal. was excessive. Pe
sectetur adipiscing elit. Donec aliquet. Pellentesque dapibus efficitur laoreet. About three days later, when she again slept on the floor next to Jason's bed, she got up during the night to use the bathroom. Nam
sectetur adipiscin
sectetur adipiscing elit. She did not tell her mother or Shelley about either incident because she thought she would get in trouble. Press escape to return to last selected case text. "[92] The decision allowed both courts to prosecute Lara. 3d at 483, 912 N.E.2d at 294. [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. Illinois v. McArthur Michigan v. Summers Payton v. New York U.S. v. Place II SEARCH a. create a case brief of Illinois v. Lara (Ill. App. consecutive terms of 10 and 8 years. Every document on this site is part of the official caselaw of a court within the Jason raises six separate arguments on appeal. Laras appeal is affirmed by the Supreme Court of Illinois. Nam lacinia pulvinar tortor nec facilisis. Full Document, what is a case briefing of Illinois v. Lara The case brief should contain the following elements, -Case citation -Facts of the case -Procedural History -Issue(s) -Rule(s)/Holding(s) -Rationale, create a case brief of Illinois v. Lara (Ill. App.
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illinois v lara case brief