The crimes covered were murder, manslaughter, rape, assault with intent to commit murder, arson, burglary, and larceny. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. However, when the State asked R.K. if she liked defendant, she said no because he did something wrong. However, there were two issues which the appellate court had not reached, namely,
[59] The United States was supported by amicus briefs filed by the State of Washington and seven other states,[fn 14] the State of Idaho and five other states,[fn 15] the National Congress of American Indians,[62] and eighteen Indian tribes. According to the written statement, he said that on the first occasion, while J.O. The indictment alleged defendant placed his mouth on R.Ks vagina. Basically means criminal law is what conducts criminal and violations of the criminal law as referred to as a crime. 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. [fn 8][30] Lara pleaded guilty to the tribal charge of "violence to a policeman". Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. A three-judge panel of the Circuit Court[fn 12] affirmed the decision of the District Court, holding that the tribe derived its power from its own retained sovereignty that was separate from the sovereignty of the United States. It reduced them to the lesser-included offenses of
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. Document Cited authorities 20 Cited in 6 Precedent Map Related. [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. Pellentesque dapibus efficitur laoreet. Pellentesque dapibus efficitur laoreet. On appeal, the Illinois Supreme Court did not agree with the appellate court on the
110803, 944 N.E.2d 345 (Mar. Cordero told Augustina what Jason had said. 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. Jason admits on two separate occasions in January of 2005 he touched J.O. He argues (1) the trial court should have excluded the testimony about J.O. 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. The court also stated defendant could have emphasized the issue of the childs credibility to the jury. Kathleen testified she left for work at 4 a.m. Dustin and defendant would be sleeping on the second floor when she left. 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. (Pen. Nothing about her trial testimony rendered her prior statement unreliable. [89] Since the power exercised by the Spirit Lake Sioux Tribe was that of inherent tribal sovereignty, double jeopardy did not attach. People v. Lara Annotate this Case. create a case brief of Illinois v. Lara (Ill. App. 1st Dist. 2011), 1st Dist. Argued April 20, 1983. [17], In 1990, the Supreme Court held in Duro v. Reina[18] that an Indian tribe did not have jurisdiction to try an Indian of another tribe. R.K. testified she considered defendant her friend. She pointed to her vagina. The judge did not ask the jurors about the defendant's lack of a duty to present evidence or the right not to testify. Nam risus ante, dapibus a molestie consequat,
sectetur adipiscin
sectetur adipiscing elit. The following morning, Augustina asked Cordero to talk to J.O. [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.. 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. Task 4.1 Meet with Stakeholders Meeting Minutes Date: Time: Location: Purpose of the meeting . After the arrest, Jason spent some hours locked in a cell. On appeal, he argued that the
He admitted that in January 2005, on two separate occasions, he put his hand in J.O. this rule required the State to produce independent evidence of the elements of penetration
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. Compare the Epic of Gilgamesh withEnumaElish. [23] This legislation became known as the "Duro fix",[24] and was based on tribal sovereignty rather than a federal delegation of power. 3d at 1000, 838 N.E.2d at 333. delicti. statements and also testified at trial. Laras appeal is affirmed by the Supreme Court of Illinois. 1st Dist. and C.A. 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. The second time J.O. 81-1859. [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. Defendants argument is similar to an argument made by the defendant in People v. Garcia-Cordova, 392 Ill. App. On appeal, Jason argues that the State failed to prove the. 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 Bookmarked 0 CRIM 211 M02 Discussion.docx Viewing now Bookmark it to view later. said Jason, not Phillip, had touched her private part. Augustina called Shelley and the police. She did not tell her mother or Shelley about either incident because she thought she would get in trouble. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jason LARA, Defendant-Appellant. 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. 1st Dist. Instead, J.O. 2 The Supreme Court of Illinois denied defendant's petition for leave to appeal but issued a supervisory order (People v. Lara, No. The Duro case involved the slaying of a 14-year-old on the reservation by an Indian of another tribe. confession should not have been admitted because it was not sufficiently corroborated by
R.K. testified people are not supposed to touch certain parts of her body. Court reverses both convictions of PCSA and relieves Lara of those charges. R.K. never specifically denied defendant placed his tongue or mouth on her vagina. was excessive. See Bryant, 391 Ill. App. and C.A. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. 12&13 Questions.docx 1 pages Case Breif.docx 4 pages Judical Project.docx 8 pages Ch. Course Hero is not sponsored or endorsed by any college or university. 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 . 462 U.S. 640. Defense counsel made the following argument to the jury: In a situation such as this, defense counsel is placed in a precarious position. People v. Lara - 67 Cal.2d 365 - Fri, 09/29/1967 | California Supreme Subscribers can access the reported version of this case. 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. Decided: June 28, 2010. Further, Luckey testified he did not believe R.K. had been coached. at 160, 459 N.W.2d at 531. 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. Pellentesque dapibus efficitur laoreet. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. 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. into a bedroom and asked her if Phillip had ever touched her in a way that made her uncomfortable. She did not tell her mother or Shelley about either incident because she thought she would get in trouble. 2011) Your case brief should contain the following elements (and those elements should be separated into sections: Case citation, 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, Research and find Indiana's "Stand Your Ground" statute and correctly cite the code section and subsection(s) where it is located. Kato specifically asked whether Jason put his hand inside her, and J.O. This Cook County defendant was charged with committing two counts of predatory
[49] This meant that double jeopardy attached. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. Deputy Smith testified he had no further involvement with the investigation and this was normal procedure once a case had been turned over to the detective division of the department. [6] The war between the tribes continued until at least the 1850s. Defendant was free to, and did, argue these inconsistencies to the jury. After R.K. testified, the trial court heard arguments outside the presence of the jury regarding R.Ks videotaped statement. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. He admitted that in January 2005, on two separate occasions, he put his hand in J.O. People v. Lara :: 2012 :: Supreme Court of Illinois Decisions The video of the interview was admitted into evidence at the hearing as Peoples exhibit No. The doctor testified that epileptics often remain confused for hours after a seizure. The threshold issue we must decide is whether the trial court erred when it permitted Augustina, Cordero and Paraday to testify about J.O. 's disclosures. [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. 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. We allow free access to up to 500 cases per person per day see Which of the following examples would most likely be used in a short report? A. '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. Lara, 402 Ill. App. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources was alone with Phillip. We next address defendants argument the State failed to establish his guilt beyond a reasonable doubt. of Nat'l Assoc. presented to support the convictions. Augustina came into the bedroom to talk to J.O., and again J.O. Here is a link to the audio instead. stated defendant placed his mouth on her sex organ and licked inside her pee pee. A reasonable jury could properly have found RK.s statement credible. Castle doctrine, Stand Your Ground laws 9. 2011) Case Brief. The second time J.O. later recited the same story to Carey Kato, forensic interviewer. Jason asked for a jury trial. 112370. 's disclosures. The jury found defendant guilty of predatory criminal sexual assault. The jury found Jason guilty on both counts of PCSA. Court: United States Appellate Court of Illinois: . Jason testified that he never touched J.O. R.K. testified defendants hands touched her below her clothes. As we stated earlier, Luckey asked open-ended questions, to which R.K. responded. His confession was admitted into evidence; the girl gave statements and testified at trial. Lara brought up the constitutional issues of double jeopardy ("[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb", At least in part, it appears that the Supreme Court took the case to resolve a. Indian tribes are not bound by the Bill of Rights. Donec aliquet. Jason raises six separate arguments on appeal. [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. 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. He asked open-ended questions, which R.K. answered. 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. aggravated criminal sexual abuse had been improperly denied and, if it was not required,
Before trial, the prosecution filed a motion seeking to admit at trial testimony about the statements J.O. At the time of the offense, R.K. was 5 years old (born September 16, 2002) and defendant was 25 years old. 's answers. Docket No. Glaub testified he did not ask Tim K. about his relationship with defendant. [99], Justice Clarence Thomas wrote a concurring opinion stating that it was time to re-examine the entire concept of tribal sovereignty. The defendant is Lara's son, who sleeps at her house. In 1881, a Brul Lakota named Crow Dog shot and killed another Indian, Spotted Tail, on the Great Sioux Reservation in South Dakota. 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. and C.A. 's father. J.O. 3d at 484, 912 N.E.2d at 294. Module 6: Ch'l4 Homework 6 a Saved Help Save & Exil. The request was granted, and the full court reversed the decision of the three-judge panel, ordering that the federal indictment be dismissed on the grounds of double jeopardy. Nam
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