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sectetur adipiscing elit. [89] Since the power exercised by the Spirit Lake Sioux Tribe was that of inherent tribal sovereignty, double jeopardy did not attach. J.O. People v. Lara :: 2011 :: Illinois Appellate Court, Fourth District School University of North Carolina, Pembroke Course Title CRJ 3000 Uploaded By ConstableComputerWaterBuffalo2326 Pages 2 Ratings 100% (3) 3d at 955, 909 N.E.2d at 978. said Jason, not Phillip, had touched her private part. Augustina called Shelley and the police. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. [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. inappropriately, and he never put his hand in her pants. At the time of the offense, R.K. was 5 years old (born September 16, 2002) and defendant was 25 years old. [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. 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. People v. Cookson, 215 Ill. 2d 194, 204, 830 N.E.2d 484, 490 (2005). As we stated earlier, Luckey asked open-ended questions, to which R.K. responded. [408 Ill.App.3d 737] (3) * * * [T]he out of court statement was made * *, Request a trial to view additional results. Glaub testified he did not ask Tim K. about his relationship with defendant. Indians are very integrated across tribal boundaries, intermarrying across tribes and sharing child and medical care services across tribes. As a result, defense counsel questioned the reliability of the videotaped interview. In April 2006, he attended a 40-hour class geared toward preparing individuals to interview children in situations such as this case. Jason raises six separate arguments on appeal. [82], These powers included the ability to both restrict tribal powers or to relax such restrictions. 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. At the hearing, Officer Luckey testified he had been a police officer for 20 years. "[102] He noted that such authority was not in the Indian Treaty Clause[103] nor the Indian Commerce Clause. Garcia-Cordova, 392 Ill. App. [66] He stated that it was the place of the Supreme Court, not Congress, to determine the inherent sovereignty of the tribe. [126] As Justice Souter stated in his dissent, this remains "an area peculiarly susceptible to confusion. [39] Lara also argued that the Petite doctrine,[fn 11] if applied, would preclude his prosecution, and that since it was never applied to federal prosecutions following convictions in tribal court, it discriminated against Indians. [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. | 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. 1st Dist. 's out-of-court statements. slept, he put his finger into her vagina as far as his fingernail, and then 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]. when he was 19. R.K. described conduct with which a typical four- or five-year-old child would not and should not be familiar. 1. On appeal, Jason argues that the State failed to prove the. Walker, 236 Neb. [99], Justice Clarence Thomas wrote a concurring opinion stating that it was time to re-examine the entire concept of tribal sovereignty. View As part of our judgment, we grant the State its $50 statutory assessment against defendant as costs of this appeal. Illinois v. Lafayette, 462 U.S. 640 (1983) - Justia Law 1-09-1326. The Court held that the United States and the tribe were separate sovereigns; therefore, separate tribal and federal prosecutions did not violate the Double Jeopardy Clause.[2]. According to Luckey, he had conducted between 30 and 50 interviews with children alleged to be victims of sexual or physical abuse. slept at Shelley's home, where Shelley's son, Jason, also slept. We find the trial court did not abuse its discretion in admitting this evidence. were alone together. 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. The trial then resumed. 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. Full Document. He testified that he might have had an epileptic seizure in the cell without realizing it. Decided: June 28, 2010. Garcia-Cordova, 392 Ill. App. The trial court sentenced him to terms of 10 years and 8 years in prison, with the sentences to run consecutively. When she came back, Jason again put his hand on her vagina. May 1, 2007). He was the only individual in the room with R.K., but the interview was both audio- and video-recorded. 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. See 725 ILCS 5/11510(c) (West 2008). aggravated criminal sexual abuse had been improperly denied and, if it was not required,
Crow Dog was ordered released, having made restitution under tribal law to Spotted Tail's family. You're all set! 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. 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. He argues (1) the trial court should have excluded the testimony about J.O. Sign up for our free summaries and get the latest delivered directly to you. 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)). Thus, the video and trial testimony both constitute substantive evidence and support defendants conviction. 's disclosures. Augustina P. had 2 children. Augustina P. had two children, J.O. Which is also called penal law. Jason signed a statement about the incident later that day. Donec aliquet. 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. At trial, he denied any inappropriate behavior. into a bedroom and asked her if Phillip had ever touched her in a way that made her uncomfortable. Pellentesque dapibus efficitur laoreet. We affirm. After respondent was arrested for disturbing the peace, he was taken to the police station. Case Situation.docx - Case Situation: The defendant Jason Lara was The parties stipulated that in January 2005 Jason was 19 years old. The State's evidence, apart from the confession, supported a finding of only the lesser-included offense of aggravated criminal sexual abuse (ACSA). [46] Judge Hansen dissented, believing that the tribe drew its authority to try Lara from the federal government. 3. The indictment alleged defendant placed his mouth on R.Ks vagina. Kathleen testified she left for work at 4 a.m. Dustin and defendant would be sleeping on the second floor when she left. You already receive all suggested Justia Opinion Summary Newsletters. Supreme Court Docket & Briefs | Illinois Courts 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. United States. said Jason had touched her inappropriately. Question 14 Which of the following statements is NOT correct? On appeal, the Illinois Supreme Court did not agree with the appellate court on the
[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. Pellentesque dapibus efficitur laoreet.
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