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INEFFECTIVE ASSISTANCE OF COUNSEL

Posted by John Rutkowski | Jun 13, 2018 | 0 Comments

Where the defendant was convicted of possession of drugs discovered in vehicle of which defendant was an occupant at the time of his arrest, and trial court denied motion for judgment of acquittal on basis that state was entitled to inference that defendant had knowledge of control over the drugs...

Judgments - Full Faith and Credit

Posted by John Rutkowski | Jun 12, 2018 | 0 Comments

The trial court erred in denying former wife's petition for domestication of final order of Georgia court holding former husband in contempt and ordering his incarceration until payment of child support arrearages where Georgia court had jurisdiction to enter order and there was no evidence of ex...

Double Jeopardy - Sentencing

Posted by John Rutkowski | Jun 11, 2018 | 0 Comments

The trial court violated principles of double jeopardy when it resentenced the defendant to fifteen years in prison when it previously sentenced him to ten years in prison pursuant to plea where defendant had an expectation of finality in his ten-year sentence. Read more below:                   ...

Child Custody - Deportation With Child - Alimony

Posted by John Rutkowski | Jun 11, 2018 | 0 Comments

The trial court committed fundamental error when it found that statute governing parental relocation with child is not applicable in the event parent is deported. Court erred in making future-based projection of child's best interests by granting wife permission to take child with her if she is d...

Alimony Change in Circumstances Downward modification

Posted by John Rutkowski | Jun 08, 2018 | 0 Comments

In granting a downward modification in alimony, trial court did not err in finding that former wife's reaching age where she could access retirement accounts without penalty could be considered as part of total circumstances in determining if there has been a sufficient change to warrant downward...

Hearsay Evidence Erroneously Admitted at Trial

Posted by John Rutkowski | Jun 06, 2018 | 0 Comments

The testimony of witness at bond hearing who had died subsequent to bond hearing. Further, It was error to admit testimony of witness relating statements by another individual in which the individual admitted that he was the shooter in the murder and that he “got the work” from defendant. Where t...

Child Custody Domestic Violence

Posted by John Rutkowski | Jun 05, 2018 | 0 Comments

The trial court erred by ordering shared parental responsibility and granting supervised parenting time between child and father in contravention of Kentucky domestic violence order of protection. Further, the court failed to consider statutory factors for determining best interests of child. Rea...

DUI Search & Seizure Blood Draw

Posted by John Rutkowski | May 31, 2018 | 0 Comments

The trial court properly found that collection and handling of blood samples obtained at medical facility to which defendant had been transported substantially complied with applicable rule. Substantial compliance with rule is proper standard to be applied to admission of blood test evidence and ...

SEARCH & SEIZURE PRECAUTIONARY SWEEP OF AREA

Posted by John Rutkowski | May 17, 2018 | 0 Comments

The bedroom which was directly adjacent to bathroom where defendant was apprehended and was between four and ten feet from area of arrest was “immediately adjoining” place of arrest, and officers did not need articulable suspicion to conduct precautionary sweep of bedroom. The trial court did not...

STAND YOUR GROUND IMMUNITY

Posted by John Rutkowski | May 12, 2018 | 0 Comments

The statutory amendment which changes burden of proof from defendant to state at Stand Your Ground immunity hearing is not unconstitutional as a violation of separation of powers, but the amendment does not apply retroactively to a crime committed prior to the enactment of the amendment. Conflict...

Custody Timesharing

Posted by John Rutkowski | May 08, 2018 | 0 Comments

The trial court engaged in prohibited prospective-based analysis when it set timesharing plan with respect to parties child that included schedule that would apply when child entered kindergarten in the future. Read Case Below:

Stand Your Ground Law

Posted by John Rutkowski | May 07, 2018 | 0 Comments

Statutory amendment which changes the burden of proof from the defendant to the state in a Stand Your Ground immunity hearing is procedural in nature and applies retroactively to defendant whose appeal was pending when the amendment was enacted. Defendant is entitled to a new immunity hearing. Qu...

COPS TAMPER WITH EVIDENCE

Posted by John Rutkowski | May 05, 2018 | 0 Comments

A captain has resigned and more shake-ups are likely after the Pasco County Sheriffs Office discovered supervisors failed to act in a case of a deputy tampering with evidence tampering, said Sheriff Chris Nocco. Read Article Below: Pasco Captain Fired Deputy Arrested

Search and seizure Stop and frisk Concealed Firearm

Posted by John Rutkowski | May 05, 2018 | 0 Comments

The trial court erred in denying defendants dispositive motions to suppress firearm discovered during Terry stop and frisk where officer did not have reasonable suspicion of illegal activity which would justify stop. Neither tip from restaurant employee that customer appeared to have a gun in hi...

RED LIGHT CAMERAS

Posted by John Rutkowski | May 03, 2018 | 0 Comments

Local government has authority under section 316.0083(1)(a), Florida Statutes (2014), to contract with a private third-party vendor to review and sort information from red light cameras, in accordance with written guidelines provided by local government, before sending that information to a train...

Minor in possession of firearm Insufficient Evidence

Posted by John Rutkowski | May 03, 2018 | 0 Comments

Evidence that juvenile was seated on back seat of vehicle occupied by two other persons and that a firearm was on the seat in the vicinity of juvenile was insufficient to prove that juvenile was in actual or constructive possession of firearm where there was no evidence that juvenile had dominion...

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