Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. The following morning, Augustina asked Cordero to talk to J.O. 3d 467, 469, 727 N.E.2d 404, 406 (2000). THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee. 1st Dist. [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. 1st Dist. 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). border. Supreme Court Docket & Briefs | Illinois Courts Defendant argues section 115 10 of the Code (725 ILCS 5/115 10 (West 2006)) is unconstitutional because it fails to incorporate a blanket prohibition of testimonial statements where the defense has no opportunity to cross-examine the declarant, and it improperly incorporates an evidentiary standard which has been specifically rejected by the United States Supreme Court in Crawford v. Washington, 541 U.S. 36, 158 L. Ed. The Appellate Court of Illinois affirmed and the Supreme Court of Illinois denied leave to appeal. [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. was already awake when he put his finger into her vagina, with the finger again entering as far as the fingernail. It reduced them to the lesser-included offenses of Welcome to the Caselaw Access Project! See People v. Wisslead, 108 Ill. 2d 389, 397, 484 N.E.2d 1081, 1084 (1985). Download PDF. woke up. 3d 991, 999, 696 N.E.2d 372, 378 (1998). criminal sexual assault on an eight-year-old girl on two separate dates in January of 2005, 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. 's out-of-court statements; (2) the court failed to comply with Supreme Court Rule 431(b) concerning admonitions to jurors; (3) the evidence proved the corpus delicti only for ACSA, and not for PCSA; (4) the trial court should have instructed the jury in accord with the requirements of section 11510(c) of the Code; (5) the trial court should have instructed the jury on the lesser-included offense of ACSA; and (6) the trial court imposed an excessive sentence.
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