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sectetur adipiscing elit. The following morning, Augustina asked Cordero to talk to J.O. [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. [90], Breyer noted Lara's other arguments, but as the double jeopardy issue was dispositive, he declined to address those issues. 408 Ill.App.3d 732946 N.E.2d 516349 Ill.Dec. R.K. testified defendant would stand and look at her when he was not touching her. Refer to Figure 2. The parties stipulated that in January 2005 Jason was 19 years old. [fn 3], In response to Ex Parte Crow Dog, Congress passed the Major Crimes Act in 1885. People v. Lara - 67 Cal.2d 365 - Fri, 09/29/1967 | California Supreme Officer Luckey did not direct R.Ks answers in the interview. There is no reason to believe R.K. would have refused to answer a question from defense counsel as to whether defendant put his mouth or tongue on her vagina. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Thus, the video and trial testimony both constitute substantive evidence and support defendants conviction. As a result, we will not say the trial courts pretrial ruling was fanciful, arbitrary, or unreasonable. Lara ignored the order; federal officers stopped him; and he struck one of the arresting officers. 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. said no one else had ever touched her down there. Besides her mom and the people in the courtroom, she testified she had never told anyone else about what happened. Augustina P. had two children, J.O. The child testified she made several drawings during her meetings with the DCFS investigator, some of which she identified *270during her testimony. 2011), Your case brief should contain the following elements (and those elements should be separated into sections: Case citation, Sometime people mistakenly say that the body of a murder victim provides the corpus delicti of the crime of murder. He argues (1) the trial court should have excluded the testimony about J.O. i Fourth Amendment . Further, defendant had the opportunity to cross-examine her. said Jason, not Phillip, had touched her private part.. [fn 2], Originally, crimes committed by Indians against Indians were not subject to federal or state jurisdiction, but were handled by tribal law. R.K. testified she considered defendant her friend. said it was outside her vagina on both occasions. According to the written statement, he said that on the first occasion, while J.O. Augustina, who worked many evenings, often asked her friend, Shelley Lara, to look after her two children. Basically means criminal law is what conducts criminal and violations of the criminal law as referred to as a crime. People v. Cookson, 215 Ill. 2d 194, 204, 830 N.E.2d 484, 490 (2005). 3d at 480, 912 N.E.2d at 291. This is understandable in light of her tender years and the passage of time. Augustina's sister brought J.O. Task 4.1 Meet with Stakeholders Meeting Minutes Date: Time: Location: Purpose of the meeting . Course Hero is not sponsored or endorsed by any college or university. 2011). 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. was alone with Phillip. On February 17, 2005, Cordero and Augustina went out for a few drinks after Augustina got off work. He also experienced some twitches he could not control. Get free summaries of new Supreme Court of Illinois opinions delivered to your inbox! Pellentesque dapibus efficitur laoreet. We allow free access to up to 500 cases per person per day see Welcome to the Caselaw Access Project! Glaub testified he did not ask Tim K. about his relationship with defendant. On appeal, Jason argues that the State failed to prove the corpus delicti of the offense, because the State failed to present any evidence corroborating Jason's confession that he put his finger inside J.O. (which the girls descriptions did not), and that insufficient independent evidence was
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. [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. Plaintiff. [408 Ill.App.3d 737] (3) * * * [T]he out of court statement was made * *, Request a trial to view additional results. Augustina, Cordero and Paraday repeated the testimony they gave at the pretrial hearing. We find the trial court did not abuse its discretion in admitting this evidence. [28], Following his arrest, the tribal court of the Spirit Lake Sioux Tribe charged Lara with assaulting the arresting officers, along with four other charges. made to Augustina, Cordero and Kato. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. His confession was admitted into evidence; the girl gave statements and testified at trial. At the hearing, Officer Luckey testified he had been a police officer for 20 years. and C.A. Subscribers are able to see the revised versions of legislation with amendments. When she came back, Jason again put his hand on her vagina. J.O. "[92] The decision allowed both courts to prosecute Lara. testified that for the first incident, while she slept, she felt Jason's hand inside her pants, touching her vagina. Your case brief should contain the following elements (and those elements should be separated into sections: Unlock access to this and over 10,000 step-by-step explanations. Sometimes J.O. than the defendants own self-incriminating statement. Illinois v. McArthur Michigan v. Summers Payton v. New York U.S. v. Place II SEARCH a. The judge did not ask the jurors about the defendant's lack of a duty to present evidence or the right not to testify. Defendant contends his counsel would have had to ask her to admit she made the statement to Officer Luckey, thereby implicating defendant. Kitch, 392 Ill. App. Augustina began dating John Cordero after she separated from her husband, Phillip A., who was C.A. slept at Shelley's home, where Shelley's son, Jason, also slept. Kathleen testified R.K. told her about the allegations against defendant in the car when she and R.K. were alone. and C.A., who has a friend, Shelley Lara, that provides childcare often as she works evenings. You can explore additional available newsletters here. People v. Cunningham, 212 Ill. 2d 274, 283, 818 N.E.2d 304, 310 (2004). 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). 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. In December 2008, the trial court denied defendants posttrial motion, which alleged the trial court erred in admitting R.Ks videotaped statement.
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