personification vs animation | illinois v lara case brief
Bourland. Lorem ipsum dolor sit amet, consectetur adipiscing elit. The court stated cross-examination on these topics could be considered friendly cross-examination. Garcia-Cordova, 392 Ill. App. 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. Sign up for our free summaries and get the latest delivered directly to you. 's disclosures. You can explore additional available newsletters here. 3d at 115, 915 N.E.2d at 35. United States Appellate Court of Illinois, 946 N.E.2d 516,349 Ill.Dec. [115], Souter wrote that this dissonance in court decisions will lead to confusion, stating: "And confusion, I fear, will be the legacy of today's decision, for our failure to stand by what we have previously said reveals that our conceptualizations of sovereignty and dependent sovereignty are largely rhetorical. RATIONALE The court refers to corpus delicti and explains proof of corpus delicti may not rest solely on the confession from a defendant. 's father. Augustina's sister brought J.O. confession should not have been admitted because it was not sufficiently corroborated by
The jury found Jason guilty on both counts of PCSA. 126682 People State of Illinois, Appellee, v. Harold Blalock, Appellant. Based on testimony the court had heard at the trial, it found R.K.s prior statements were still reliable, even if they were inconsistent with her trial testimony. We disagree with defendants characterization of Officer Luckeys interview technique. Any inconsistencies between RK.s trial testimony and her recorded interview affect only the weight and not the admissibility of the recorded interview. Harvard asserts no copyright in caselaw retrieved from this site. On appeal, the Illinois Supreme Court did not agree with the appellate court on the
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. "[127], The Lakota, also known as Teton Sioux, consist of the Brul, Oglala, Sans Arc, Hunkpapa, Miniconjou, Sihasapa (or Blackfoot Sioux, not to be confused with the. R.K. answered all of defense counsels questions. View and C.A., who has a friend, Shelley Lara, that provides childcare often as she works evenings. Nam lacinia pulvinar tortor nec facilisis. Subscribers can access the reported version of this case. She testified her children were present in the home when defendant spent nights there. 3d 786, 791, 780 N.E.2d 807, 811 (2002), affd, 215 Ill. 2d 194, 830 N.E.2d 484 (2005). (b).) Nam risus ante, dapibus a molestie consequat, ultrices ac magna. 1st Dist. Augustina P. had two children, J.O. The trial court sentenced him to terms of 10 years and 8 years in prison, with the sentences to run consecutively. [6] The war between the tribes continued until at least the 1850s. 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. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Illinois v. Lara Case Brief.docx 4 pages Midterm exam (1) 3 pages Indiana Code.docx 6 pages M07 quizzes.docx 3 pages Assignment5.docx 2 pages Crim Law Assignment 7 Ch. The appellate court held that
Defendant contends his counsel would have had to ask her to admit she made the statement to Officer Luckey, thereby implicating defendant. Augustina started a relationship with John Cordero, after she . The State only asked R.K. if defendant had touched her with anything beside his hand. The two tribes had been at war from at least 1736[5] and by 1750 the Chippewa had forced the Santee to the west into the prairie. Lara, 402 Ill. App. create a case brief of Illinois v. Lara (Ill. App. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. View as Amici Curiae 45. RULINGS/HOLDINGS The court finds that evidence and interviews support the findings of ACSA but not PCSA. 3d at 1000, 838 N.E.2d at 333. For example, some states have abandoned the insanity defense and the U.S .Supreme Court. [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 he was 19. He gave a confession, which was admitted into evidence, and the girl gave
Get free summaries of new Supreme Court of Illinois opinions delivered to your inbox! [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. mother. [95], Justice Anthony Kennedy wrote a concurrence which stated that Congress was very careful to base the changes to the statute on inherent tribal powers and not on a delegation of authority. Appellate Court of Illinois, First District, Third Division. 3d at 484, 912 N.E.2d at 294. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. However, strategic considerations such as these do not make the witness unavailable for cross-examination. [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. Therefore, the case hinges on the tribes' inherent sovereignty, and based on precedent, the tribes possess that power. The appellate court held that the rule of corpus delicti required the state to produce independent evidence of the elements of penetration (the girls descriptions did not), and that insufficient independent evidence was presented to support the convictions. We agree. [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. [42], Lara appealed the denial of his motion to dismiss to the Eighth Circuit Court of Appeals, arguing that the Tribal Court obtained its authority from the ICRA, an act of Congress, and that both the Tribal Court and the Federal Court derived their power from the same sovereign. Pellentesque dapibus efficitur laoreet. 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. 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)). Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. woke up. interpretation of the corpus delicti rule, holding that the State need not present independent
4-08-0983. After several incidents of serious misconduct, the Spirit Lake Tribe issued an order excluding him from the reservation. 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. 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. As we stated earlier, it is easy to see how R.K. would not equate oral sex with touching. 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. She also testified who was depicted in the drawings she was able to identify. As a result, defendant argues R.K. was unavailable as a witness. create a case brief of Illinois v. Lara (Ill. App. [fn 7][20] Tribal leaders urged Congress to fix the problem that the Duro decision created. The videotaped interview and a transcript of the interview were admitted into evidence. In addition, the record contains no possible motive for R.K. to fabricate these allegations. Do the two works give you similar or different perspectives on Mesopotam . The following morning, Augustina asked Cordero to talk to J.O. presented to support the convictions. *259Michael J. Pelletier, Gary R. Peterson, and Stuart H. Shiftman, all of State Appellate Defenders Office, of Springfield, for appellant. The jury found Jason guilty on both counts of PCSA. [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. An attorney is not required to, and indeed should not, make an argument not well-grounded in fact or law. Neither the State nor defendant specifically asked R.K. whether defendant put his mouth or tongue on 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. When she came back, Jason again put his hand on her vagina. 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. [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. 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. 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. 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. He also experienced some twitches he could not control. 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. issues. It reduced them to the lesser-included offenses of aggravated criminal sexual abuse and remanded for resentencing. Rolandis G., 232 Ill. 2d at 33, 902 N.E.2d at 611. Subscribers are able to see any amendments made to the case. He was the only individual in the room with R.K., but the interview was both audio- and video-recorded. What actually constitutes the corpus delicti of murder? Lara was also charged with resisting lawful arrest, trespass, disobedience to a lawful order of the tribal court, and public intoxication. Jason raises six separate arguments on appeal. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. She testified defendant had to leave her house between 5:30 and 6 a.m. to get to work. 10&11 quiz.docx 7 pages Judicial Opinion Assignement.docx 3 pages 81-1859. Are they all necessary to ensure justice? Nam lacinia pulvinar tortor nec facilisis. but his testimony at trial denied any inappropriate behavior. Pellentesque dapibus efficitur laoreet. Augustina and Cordero testified at the hearing on the motion about the circumstances in which they elicited J.O. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee. 3d 995, 1000, 838 N.E.2d 328, 333 (2005). Lorem ipsum dolor sit amet, consectetur adipiscing e
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sectetur adipiscing elit. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. We will overturn a trial courts decision to allow the admission of evidence only when the record clearly demonstrates the decision was an abuse of discretion. At the trial, J.O. [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. 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 . 324 F.3d 635, 636 (CA8 2003) (en banc). The doctor had no opinion as to whether Jason suffered a seizure on the day of the arrest. and C.A. 2 The Supreme Court of Illinois denied defendant's petition for leave to appeal but issued a supervisory order (People v. Lara, No. [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. [49] This meant that double jeopardy attached. reducing them to the lesser-included offense of aggravated criminal sexual abuse and remanding the cause for resentencing. However, there were two issues which the appellate court had not reached, namely,
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. Garcia-Cordova, 392 Ill. App. Levels and degrees of crime, differences between misdemeanor and felony 4. Because the State is the proponent of the out-of-court statement sought to be admitted pursuant to section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)), the State bore the burden of establishing the statement was reliable and not the result of adult prompting or manipulation. Sharp, 391 Ill. App. According to the written statement, he said that on the first occasion, while J.O. 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. By denying the allegations at issue in the indictment, defendant argues R.K. created a situation where defendant could not effectively cross-examine her. 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. Kathleen testified she still loved defendant. That defense counsel chose not to cross-examine R.K. on these issues does not translate to a lack of opportunity to do so. As a result, defense counsel questioned the reliability of the videotaped interview. [fn 13][53], Solicitor General Ted Olson argued that Congress, in response to the Duro decision, acted to "recognize and affirm" the Indian tribe's inherent power to enforce its criminal laws against Indians of other tribes. As she described it, it felt like he was stabbing her with his lip rings. 3d 467, 469, 727 N.E.2d 404, 406 (2000). Lara was sentenced to 90 days in jail for the tribal offense. [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. 1st Dist. Defendant argues RK.s recorded statement contains inconsistencies, contradictions, and most of the detail in the interview came after *268prodding by Officer Luckey. When conducting a section 115 10 hearing, the court examines the totality of the circumstances surrounding the hearsay statements, including the following: (1) the childs spontaneity and consistent repetition of the incident, (2) the childs mental state, (3) use of *266terminology unexpected of a child of similar age, and (4) the lack of motive to fabricate. Sharp, 391 Ill. App. Augustina P. had two children, J.O. Decided: June 28, 2010. Following Officer Luckeys testimony, the State rested. Appellate Court of Illinois,Fourth District. The court affirmed Jasons appeal. [111] Souter stated that the decision in this case did not align with precedent established in previous cases. Jason signed a statement about the incident later that day. In Garcia-Cordova, the question was whether the child was available for cross-examination during defendants trial. In Justice Thomas's conclusion at the end of this case, he stated, "History points in both directions. [33] Lara moved to dismiss the charge based on double jeopardy and other constitutional grounds. 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. may be used to prove the corpus delicti. border. He did not interview R.K. or anyone else living at the residence. 1st Dist. Basically means criminal law is what conducts criminal and violations of the criminal law as referred to as a crime. Since we find R.K. was available for cross-examination, trial counsels performance was not deficient. Course Hero is not sponsored or endorsed by any college or university. She was never asked this specific question by either the State or defendant. As a result, we will not say the trial courts pretrial ruling was fanciful, arbitrary, or unreasonable. Sometime people mistakenly say that the body of a murder victim provides the corpus delicti of the crime of murder. Wha For your final project you will conduct an empirical evaluation of a particular setting with a focus upon a particular e . The Illinois Supreme Court held that the State need not present independent evidence corroborating every element of the charged offenses before a defendants statement may be used to prove the corpus delicti and that the independent evidence was sufficient to permit the defendants confession to be admitted. 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. The threshold issue we must decide is whether the trial court erred when it permitted Augustina, Cordero and Paraday to testify about J.O. Defendant argues *265this could not have been the legislatures intent when it provided a witness must testify at the proceedings for the prior statement to be admissible. The PEOPLE of the State of Illinois, PlaintiffAppellee,v.Jason LARA, DefendantAppellant. 3d at 484, 912 N.E.2d at 294. Luckey testified he had received specialized training in interviewing children alleged to be victims of sexual or physical abuse. [8] In 1872, the Sisseton and Wahpeton bands of the Santee signed a treaty that resulted in their moving to the Spirit Lake Reservation. [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. 3d 468, 912 N.E.2d 280 (2009). [fn 1] In the east, the Santee was originally from the Minnesota area. She testified most of the time, she did not leave the children alone with defendant. Plaintiff. [117], Lara was released from federal prison on August 19, 2005, about a year and four months after the Supreme Court delivered their decision.[118]. 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. Lara's status as an overnight guest is enough alone to show that he had a legitimate expectation of privacy "in the premises" which is protected by the Fourth Amendment. The second time J.O. The jurors were each provided a transcript of the videotaped statement while the videotape was played for the jury. 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). The judge also asked the jurors, in panels of four, whether they agreed with the presumption of innocence and the burden of proof. Indian country was defined as all reservation land, all dependent Indian communities, and all Indian allotments. 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. [90], Breyer noted Lara's other arguments, but as the double jeopardy issue was dispositive, he declined to address those issues. 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. Pellentesque dapibus efficitur laoreet.
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A court must interpret a statute so as to uphold its constitutionality if reasonably possible. However, she testified he was alone with the children once or twice for approximately two hours when she went to the grocery store. [98] He would have reversed the Eighth Circuit without going into the additional detail. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. In June 2008, the State filed a notice of its intent to use out-of-court statements made by R.K. to Officer Eric Luckey, a Eureka police officer, on May 9, 2008, at the Child Advocacy Center in Eureka, Illinois, pursuant to section 115 10(a) of the Code (725 ILCS 5/115 10(a) (West 2006)). and C.A. Kato specifically asked whether Jason put his hand inside her, and J.O. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. He asked open-ended questions, which R.K. answered. 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. [7] Only after 1862, when the Santee rose up against the whites and were subsequently removed to the Dakota Territory, did the fighting cease. later that day. According to Luckey, he had conducted between 30 and 50 interviews with children alleged to be victims of sexual or physical abuse.
sectetur adipiscing elit. It is not the function of this court to second-guess the credibility determinations of the trier of fact unless we determine no reasonable jury could have come to that same conclusion. The jury convicted him of both offenses and he received An assistant State's Attorney read to the jury the handwritten statement Jason signed. Case Law; Illinois; People v. Lara, No. She pointed to her vagina. Press escape to return to last selected case text. The child appeared at trial, testified under oath, made an in-court identification of the defendant, and recalled speaking with the DCFS investigator. The Appellate Court of Illinois affirmed and the Supreme Court of Illinois denied leave to appeal. He noted that the Indian tribes governed themselves since before Columbus arrived, and that most states never governed themselves outside of the United States. The defendant is Lara's son, who sleeps at her house. The court refused Jason's request for an instruction on the lesser-included offense of ACSA. Walker, 236 Neb. 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. 3d 1072, 909 N.E.2d 391 (2009). Jason raises six separate arguments on appeal. said it was outside her vagina on both occasions. When asked how many times defendant had touched her bottom body, she said 100., When asked by the State, Did he touch you with anything else beside his hand, R.K. answered, No. She said she told defendant to quit it when he touched her. [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. 3d at 480, 912 N.E.2d at 291. 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. When asked by the State if defendant had touched her with any part of his body beside his hand, R.K. answered, No. However, a five-year-old child most likely would not equate oral sex with touching. Compare the Epic of Gilgamesh withEnumaElish. Br. People v. Cookson, 215 Ill. 2d 194, 204, 830 N.E.2d 484, 490 (2005). Defendant cannot challenge the statute on a basis that it could conceivably be applied unconstitutionally to another defendant.
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