Detective Linda Paraday, who watched Kato interview J.O., testified about that questioning and J.O. to Cordero's home, before school. slept at Shelley's home, where Shelley's son, Jason, also slept. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. GarciaCordova, 392 Ill. App. Augustina came into the bedroom to talk to J.O., and again J.O. 05 CR 6444 Honorable Kenneth J. Wadas, Judge Presiding. 's out-of-court statements. 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. [99], Justice Clarence Thomas wrote a concurring opinion stating that it was time to re-examine the entire concept of tribal sovereignty. [fn 16], Alexander F. Reichert was appointed by the Supreme Court to argue the case for Lara. No one at trial asked her directly if defendant licked her pee pee.). Decided: June 28, 2010. 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. Kathleen testified R.K. told her about the allegations against defendant in the car when she and R.K. were alone. In September 2008, a jury found defendant guilty of predatory criminal sexual assault (720 ILCS 5/12 14.1(a)(1) (West 2006)). [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. Shelley and Jason came to Cordero's home. She further noted that another circuit court had ruled the same way. Garcia-Cordova, 392 Ill. App. Illinois v. McArthur Michigan v. Summers Payton v. New York U.S. v. Place II SEARCH a. Press escape to return to last selected case text. 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. According to her testimony, her roommate and babysitter, Dustin Plitus, watched R.K. and her brother while Kathleen was at work. 1st Dist. 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. 's disclosures. She stated defendant usually always wore his jewelry, even while sleeping, unless he was going to church. 1-09-1326. [44] When Congress amended the ICRA, they were addressing a federal common law issue, not a constitutional issue, and were within their authority to recognize the sovereignty of the tribes. In fact, Glaub stated R.K. said no one told her what to say. 3d at 483, 912 N.E.2d at 294. 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. According to defendant, R.K. testified defendant did not engage in the activity described in her recorded interview. 2023 The President and Fellows of Harvard University. [25], Billy Jo Lara was an enrolled member of the Turtle Mountain Band of Chippewa Indians located in northern North Dakota near the CanadaU.S. Police officers arrested Jason. Lara was also charged with resisting lawful arrest, trespass, disobedience to a lawful order of the tribal court, and public intoxication. Defendant was convicted of two counts of predatory criminal sexual assault on an eight-year-old girl, at his mothers home for babysitting, on two dates. He did not recall much about the statement he signed at the station. [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. 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. View An attorney is not required to, and indeed should not, make an argument not well-grounded in fact or law. The defendant is Lara's son, who sleeps at her house. When asked what she called the part to which she pointed, she said [bjottom body. R.K. testified it was on the front of her body and that defendant had touched her on that part of her body. As we stated earlier, it is easy to see how R.K. would not equate oral sex with touching. The Second District found the child was available for cross-examination. Nothing about her trial testimony rendered her prior statement unreliable. but his testimony at trial denied any inappropriate behavior. Nam risus ante, dapibus a molestie consequat,

sectetur adipiscin
sectetur adipiscing elit. J.O. 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. Recognize attempt statutes and penalties 7. He could not make much sense of what the officers had tried to say to him. [41] Senechal denied this motion, noting that Lara had shown no examples of other races not being prosecuted for like offenses. Third Division March 31, 2011 1-09-1326 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JASON LARA, Defendant-Appellant. ) However, the State also introduced RK.s recorded interview and the recorded interview was admitted as substantive evidence. [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. slept, he put his finger into her vagina as far as his fingernail, and then J.O. 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. 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. defendant, Lara, was charged with predatory criminal sexual assault; he was, convicted; he appealed his conviction to the Illinois Court of Appeals citing corpus. Pellentesque dapibus e
sectetur adipiscing elit. Nam lacinia pulvinar tortor nec facilisis. [408 Ill.App.3d 737] (3) * * * [T]he out of court statement was made * *, Request a trial to view additional results. Garcia-Cordova, 392 Ill. App. "[105] Thomas further questioned the law[106] ending the practice of making treaties with the tribes, noting that this was the one clear constitutional provision that provides for dealing with other sovereigns. At the hearing, Officer Luckey testified he had been a police officer for 20 years. Plaintiff. The court affirmed Jasons appeal. Is it in the nature of an affirmative defense, or does a, create a case brief of Illinois v. Lara (Ill. App. We continue to adhere to this courts prior precedent and find section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)) facially constitutional. [8] In 1872, the Sisseton and Wahpeton bands of the Santee signed a treaty that resulted in their moving to the Spirit Lake Reservation. Donec aliquet. slept, he put his finger into her vagina as far as his fingernail, and then J.O. ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County. 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.. The State only asked R.K. if defendant had touched her with anything beside his hand. Decided June 20, 1983. 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). Module 6: Ch'l4 Homework 6 a Saved Help Save & Exil. 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. 3d at 955, 909 N.E.2d at 978, quoting People v. Robertson, 312 Ill. App. [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. Therefore, the case hinges on the tribes' inherent sovereignty, and based on precedent, the tribes possess that power. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Luckey then asked her about what happens when defendant licks her pee pee.. 3d at 115, 915 N.E.2d at 35. As a result, defense counsel questioned the reliability of the videotaped interview. Court reverses both convictions of PCSA and relieves Lara of those charges. delicti. 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. According to the written statement, he said that on the first occasion, while J.O. [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. 's disclosures. As part of our judgment, we grant the State its $50 statutory assessment against defendant as costs of this appeal. In September 2008, at defendants jury trial, Kathleen K. testified she is R.K.s mother. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. [26] The Spirit Lake Reservation is approximately 90 miles (140km) south of the Turtle Mountain Indian Reservation. 1-09-1326. 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. A. Constitutionality of Section 115 10 of the Code. [fn 21][108] Thomas noted that a delegation of prosecutorial power is always to an executive branch and that the tribes are not part of any executive branch of the Federal government. Lorem ipsum dolor sit amet, consectetur adipi,

sectetur adipiscing elit. CITATION OF CASES DOES NOT INCLUDE . She did not tell her mother or Shelley about either incident because she thought she would get in trouble. The second time J.O. Defendant is correct that RK.s trial testimony alone was not sufficient to establish defendant placed his mouth on her vagina. made to Augustina, Cordero and Kato. [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. A doctor testified that Jason suffered from epilepsy, and at the time of the arrest, medications did not adequately control his condition. After the arrest, Jason spent some hours locked in a cell. Kato specifically asked whether Jason put his hand inside her, and J.O. Augustina, who worked many evenings, often asked her friend, Shelley Lara, to look after her two children. He did not interview R.K. or anyone else living at the residence. Jason asked for a jury trial. *261Kathleen testified she dated defendant between July 2007 and May 2008. Syllabus. In addition, the record contains no possible motive for R.K. to fabricate these allegations. Shelley and Jason came to Cordero's home. Kathleen testified she left for work at 4 a.m. Dustin and defendant would be sleeping on the second floor when she left. Defendants argument his trial counsel should have argued R.K. was unavailable fails here because it is clear R.K. was available. "[125] Thomas's statements directly address the Supreme Court's confusion on both present and future Federal Indian Policy. Further, an attorney surely does not want to elicit an answer that will implicate his client. An assistant State's Attorney read to the jury the handwritten statement Jason signed. Defendant suggests R.K.s inability to pinpoint when the sex act occurred and certain inconsistencies rendered her statement unreliable. The indictment alleged defendant placed his mouth on R.K.s vagina. M02 Discussion - Illinois v. Lara (Ill. App. In September 2008, a jury found defendant guilty of predatory criminal sexual assault (720 ILCS 5/12-14.1(a)(1) (West 2006)). He testified he had received special training on how to interview children who are victims of sexual abuse or severe physical abuse. 1. 1st Dist. Illinois Supreme Court | THE PEOPLE OF THE STATE OF ILLINOIS. into a bedroom and asked her if Phillip had ever touched her in a way that made her uncomfortable. "[102] He noted that such authority was not in the Indian Treaty Clause[103] nor the Indian Commerce Clause. She also testified who was depicted in the drawings she was able to identify. Before trial, the prosecution filed a motion seeking to admit at trial testimony about the statements J.O. However, as to R.K.s availability as a witness, the following exchange occurred: The court noted it had previously found the time, content, and circumstances of R.Ks recorded statement to be reliable. 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. He also experienced some twitches he could not control. convictions, reducing them to the lesser-included offense of aggravated criminal sexual abuse and remanding the cause for resentencing. 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. In the figure above, the wage rate is $600 and total fixed cost is $15,000. Augustina's sister brought J.O. [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 issue is in this case is whether the state was able to provide any evidence other. about the matter. [fn 9] Soon after, federal prosecutors charged Lara with assault on a federal officer[32] and a federal grand jury indicted him. [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]. Augustina P. had 2 children. Pellentesque dapibus efficitur laoreet. Nam lacinia pulvinar tortor nec facilisis. 2023 Course Hero, Inc. All rights reserved. 1092484. The Chippewa or Ojibwe people were also from the same general area. [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. A court must interpret a statute so as to uphold its constitutionality if reasonably possible. evidence corroborating every element of the charged offenses before a defendants statement *259Michael J. Pelletier, Gary R. Peterson, and Stuart H. Shiftman, all of State Appellate Defenders Office, of Springfield, for appellant. The court stated cross-examination on these topics could be considered friendly cross-examination. Garcia-Cordova, 392 Ill. App. Course Hero is not sponsored or endorsed by any college or university. Jason admits on two separate occasions in January of 2005 he touched J.O. Harvard asserts no copyright in caselaw retrieved from this site. Nam lacinia pulvinar tortor nec facilisis. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. 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. Luckey testified he had received specialized training in interviewing children alleged to be victims of sexual or physical abuse. 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. The jury found Jason guilty on both counts of PCSA. Further, defendant had the opportunity to cross-examine her. Garcia-Cordova, 392 Ill. App. 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. Neither the State nor defendant specifically asked R.K. whether defendant put his mouth or tongue on her vagina. The doctor testified that epileptics often remain confused for hours after a seizure. 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. Nam lacinia pulvinar tortor nec facilisis. When he awoke, he could not stand straight. No. "[fn 6][16] In 1886, the Act was upheld by the Supreme Court in United States v. Lara, 402 Ill. App. 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. Course Hero is not sponsored or endorsed by any college or university. We agree. R.Ks mother testified she still loved defendant and defendant and R.K. got along well together. This case has been the subject of numerous law review articles since the decision was made. Briefs for Cases Set for Oral Argument During March 2022 Term Tuesday, March 15, 2022 - 9:00 AM Case No. were alone together. He was the only individual in the room with R.K., but the interview was both audio- and video-recorded. ACCEPT. [50] The United States then appealed to the Supreme Court, which granted certiorari to hear the case. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. It reduced them to the lesser-included offenses of *262R.K. The videotaped interview and a transcript of the interview were admitted into evidence. Lara was an example of this; he married a Spirit Lake Sioux woman and moved to that reservation before his exclusion by the tribe. Augustina's sister brought J.O. Glaub observed Luckeys interview of R.K. Glaub testified there was no indication R.K. had *264been coached. 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. "[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. It appears this was a matter of strategy on the part of defense counsel. Press Ctrl + / (Windows, Chrome OS) or + / (Mac) to jump to the Tools menu.

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