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Attempted second degree murder. Jury instructions on Self-defense Stand your ground law

Posted by John Rutkowski | Oct 21, 2017 | 0 Comments

Stand Your Ground law. The trial court erred in instructing jury that defendant had a duty to retreat if he was engaged in unlawful activity while defending himself where conviction occurred in 2012. The version of self-defense statute in effect in 2012 contained no provision that defendant has a duty to retreat if he was engaged in unlawful conduct. Reversed.

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John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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