Appellate Court of Illinois,Fourth District. Jason appealed his conviction, arguing that the State had failed to prove, the corpus delicti of the offense, because they had failed to present any evidence. Defendant suggests R.K.s inability to pinpoint when the sex act occurred and certain inconsistencies rendered her statement unreliable. 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. Menominee Termination Act of 1954, June 17, 1954, 58, Menominee Restoration Act of 1973, December 22, 1973, 87, America is Indian Country: Opinions and Perspectives from Indian Country Today 90, National Association of Criminal Defense Lawyers, Confederated Salish and Kootenai Tribes of the Flathead Nation, Confederated Tribes of the Warm Springs Reservation, Salt River Pima-Maricopa Indian Community, Three Affiliated Tribes of the Fort Berthold Reservation, "United States v Lara: Affirmation of Tribal Criminal Jurisdiction Over Nonmember American Indians. CITATION OF CASES DOES NOT INCLUDE . He did not recall much about the statement he signed at the station. The judge did not ask the jurors about the defendant's lack of a duty to present evidence or the right not to testify. 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. 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. 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. Bourland. [112] Since Duro held that the tribes had lost their inherent sovereignty, the only way for the tribes to regain jurisdiction over non-member Indians would be by the delegation of that jurisdiction by Congress. other than Jasons own confession. Donec aliquet. "As 'domestic dependent nations,' Indian tribes possess criminal jurisdiction in Indian Country that is 'complete, inherent, and exclusive,' except as limited by Congress. when he was 19. We disagree with defendants characterization of Officer Luckeys interview technique. The court noted defendant could have cross-examined the child on her descriptions of the drawings she made, her inability to remember her conversation with the DCFS investigator or the alleged incidents of abuse, and her claimed lack of knowledge regarding some of the pictures. 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. Souter referenced prior cases dealing with sovereignty and jurisdiction, from the decision made in United States v. Kagama,[110] to the opinion made in South Dakota v. [46] Judge Hansen dissented, believing that the tribe drew its authority to try Lara from the federal government. Other related materials Criminal Law Week 4 Briefs.docx 3 notes Alvarez was sentenced to life imprisonment on both counts; pursuant to jury verdicts, Lara was sentenced to death on the murder count and life imprisonment without possibility of parole on the kidnaping count. Walker, 236 Neb. According to defense counsel, R.K.s testimony at trial was completely different from what she told Luckey. The second time J.O. Defendant was free to, and did, argue these inconsistencies to the jury. 's out-of-court statements. 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)). See People v. Sharp, 391 Ill. App. However, strategic considerations such as these do not make the witness unavailable for cross-examination. In the present case, Lara was an overnight guest in the Wortman home at the time of the search. People v. Lara :: 2011 :: Illinois Appellate Court, Fourth District In December 2008, the trial court denied defendants posttrial motion, which alleged the trial court erred in admitting R.Ks videotaped statement. [90], Breyer noted Lara's other arguments, but as the double jeopardy issue was dispositive, he declined to address those issues. In the figure above, the wage rate is $600 and total fixed cost is $15,000. 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. People v. Cunningham, 212 Ill. 2d 274, 283, 818 N.E.2d 304, 310 (2004). Mashal v. And In a Representative Capacity On Behalf of All Those Similarly Situated, No. interpretation of the corpus delicti rule, holding that the State need not present independent [70] To subject Lara to a prosecution by a tribal court, which was not subject to the Bill of Rights,[fn 18] would deprive Lara of his rights as a United States citizen. Syllabus.
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