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STAND YOUR GROUND LAW

Posted by John Rutkowski | Jun 12, 2019 | 0 Comments

Criminal law -- Aggravated battery with firearm -- Immunity -- Stand Your Ground law -- Trial court erred in denying immunity from prosecution on ground that defendant was trespassing on victim's property when he believed that his brother was in danger of death or great bodily harm where record d...

Filing Pleadings while represented not allowed

Posted by John Rutkowski | Jun 06, 2019 | 0 Comments

Criminal law -- Pro se filings -- Prohibition -- Multiple unauthorized and frivolous pro se petitions filed while defendant was represented by counsel -- Because defendant failed to show cause why sanctions should not be imposed, clerk of court instructed to reject future pro se filings LARRY R....

Evidence of Someone Else Committing Crime

Posted by John Rutkowski | May 30, 2019 | 0 Comments

Criminal law -- Burglary of dwelling with battery -- Evidence -- Reverse Williams rule -- Trial court reversibly erred by refusing to allow defendant, whose sole defense at trial was that he was not the intruder, to present evidence that another person had committed a burglary with a battery in t...

DUI Breath Test Results

Posted by John Rutkowski | May 28, 2019 | 0 Comments

Criminal law -- Driving under influence -- Evidence -- Breath test results of passenger. Where breath test results of passenger in defendant's vehicle were obtained on different machine than one on which defendant was tested and at different location and time than defendant's test, passenger's br...

Double Jeopardy Violation of Stalking Injunction

Posted by John Rutkowski | May 19, 2019 | 0 Comments

Criminal law -- Double jeopardy -- Violation of stalking injunction -- Single criminal episode. Defendant convicted of two counts of violating stalking injunction stemming from incident in which defendant yelled at victim across the street from victim's workplace. Dual convictions based on commun...

Injunction Stalking

Posted by John Rutkowski | May 13, 2019 | 0 Comments

Injunction -- Stalking -- Co-workers -- Sexual harassment. Respondent's alleged actions of making sexually oriented comments about petitioner's body and clothing, requesting meetings outside of work, and once looking through petitioner's phone messages while she was out of the office was not enou...

Prenuptial Lump Sum Alimony

Posted by John Rutkowski | May 10, 2019 | 0 Comments

Dissolution of marriage -- Prenuptial agreement -- Lump sum alimony -- Where parties' prenuptial agreement provided a gradually escalating schedule of money to which wife would be entitled for each full year the parties had been married “at the time a Petition for Dissolution of Marriage is filed...

Police Officer Outside Jurisdiction - Citizen's Arrest

Posted by John Rutkowski | May 09, 2019 | 0 Comments

Criminal law -- Reckless driving with alcohol -- Search and seizure -- Citizen's arrest. Officer acting outside jurisdiction could legally effect citizen's arrest and detain defendant based on his having observed erratic driving pattern that gave rise to concern about defendant's well-being. Alth...

Stand your Ground Law

Posted by John Rutkowski | May 08, 2019 | 0 Comments

Criminal law -- Immunity -- Stand Your Ground. Trial court erred in denying request for hearing on defendant's claim for immunity under Stand Your Ground law on basis that Florida Supreme Court has accepted jurisdiction of district court of appeal decision. Decision of district court of appeal is...

DUI ACTUAL PHYSICAL CONTROL OF VEHICLE

Posted by John Rutkowski | May 08, 2019 | 0 Comments

Criminal law -- Driving under influence -- Actual physical control of vehicle. Where officer responding to crash scene observed defendant leaning on driver side of vehicle she owns, another person leaning on passenger side of vehicle, and key in vehicle ignition, record does not support finding t...

Sentencing 10-20-Life statute

Posted by John Rutkowski | May 08, 2019 | 0 Comments

Criminal law -- Insanity -- Evidence -- Experts -- Sentencing -- 10-20-Life statute -- Consecutive sentences -- Minimum mandatory -- Defendant convicted of multiple counts of aggravated assault stemming from an incident in which defendant fired a single gunshot into the air in the presence of mul...

Child Support

Posted by John Rutkowski | May 01, 2019 | 0 Comments

Dissolution of marriage -- Child support -- Arrearages. Trial court erred in concluding, after reviewing marital settlement agreement and modification order, that father's child support obligation was unallocated between parties' three children and in calculating arrearage amount based on full mo...

BOND REVOCATION

Posted by John Rutkowski | May 01, 2019 | 0 Comments

Criminal law -- Habeas corpus -- Revocation of bond -- Violation of condition of pretrial release. First appearance judge's ruling declining to revoke bond in pending cases following defendant's arrest on new charges was not binding on trial court. Absent circumstances not present in instant case...

illegal Stop

Posted by John Rutkowski | Apr 24, 2019 | 0 Comments

Criminal law -- Search and seizure -- Vehicle stop -- Obscured tag -- License plate frame that obscured words “MyFlorida.com” and “Sunshine State” did not provide legal basis for traffic stop. Trial court did not err in granting motion to suppress cocaine seized as result of stop. 

Double Jeopardy Murder Retrial

Posted by John Rutkowski | Apr 17, 2019 | 0 Comments

Criminal law -- Double jeopardy -- Collateral estoppel component of double jeopardy did not bar state from introducing, at defendant's retrial on murder and conspiracy charges, an acquaintance's testimony that defendant had solicited him to commit murder, although this testimony was the factual b...

Stand your ground

Posted by John Rutkowski | Apr 12, 2019 | 0 Comments

Criminal law -- Aggravated battery with deadly weapon -- Immunity -- Stand Your Ground law -- Defendant is entitled to new immunity hearing under 2017 amended statute which places burden of proof on state to overcome a facially sufficient claim of self-defense immunity by clear and convincing evi...

Competency

Posted by John Rutkowski | Apr 10, 2019 | 0 Comments

Criminal law -- Competency of defendant -- Failure to hold hearing -- Appeals -- Remedy. When it is determined that trial court failed to hold competency hearing or enter order adjudicating competency after previously finding reasonable grounds to question defendant's competency, proper dispositi...

Medical Marijuana

Posted by John Rutkowski | Apr 08, 2019 | 0 Comments

Constitutional law -- Medical marijuana -- Florida Constitution does not allow qualified patients and caregivers to grow, cultivate, and/or process their own marijuana.

DUI Discovery Violation New Trial Required

Posted by John Rutkowski | Apr 07, 2019 | 0 Comments

Criminal law -- Driving under influence -- Discovery -- Failure to comply -- State's failure to designate as expert witness an agency inspector from who it elicited testimony on how Intoxilyzer functions constitutes discovery violation. Trial court's failure to conduct Richardson hearing was not ...

Forfeiture Vehicle Fraud

Posted by John Rutkowski | Apr 03, 2019 | 0 Comments

Criminal law -- Forfeiture -- Vehicle -- Fraud -- Vehicle purchased and filed under fictitious name -- Facts were sufficient to warrant forfeiture of vehicle pursuant to section 319.33 where defendant admitted to signing sales contract, having dealership title vehicle, applying for tag, and apply...

FORFEITURE

Posted by John Rutkowski | Mar 31, 2019 | 0 Comments

Criminal law -- Forfeiture -- Adulterating or misbranding of drugs -- Synthetic marijuana -- Appeal of seizure of property allegedly obtained through the illegal activity of selling synthetic marijuana marketed as a legal high, including violations of section 499.0051(13). No error in finding pro...

Drug Court Eligibility

Posted by John Rutkowski | Mar 29, 2019 | 0 Comments

Criminal law -- Circuit court departed from essential requirements of law when it determined that defendant was ineligible for circuit's treatment-based drug court program based on circuit's administrative order which precluded defendant from admission into drug court program on more than one occ...

Probation Search and Seizure

Posted by John Rutkowski | Mar 22, 2019 | 0 Comments

Criminal law -- Search and seizure -- Cell phone -- Probationary search -- Trial court did not err in denying motion to suppress cell phone data obtained from forensic download conducted by probation officer, although officer did not have warrant to search electronic devices or reasonable suspici...

Discovery

Posted by John Rutkowski | Mar 20, 2019 | 0 Comments

Criminal law -- Discovery -- Medical records -- Investigative subpoenas -- Circuit court departed from essential requirements of law by denying objection to state's subpoena of defendant's toxicology records for purposes of criminal prosecution of defendant, who was charged with leaving scene of ...

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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