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Evidence

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

Criminal law -- Evidence -- Collateral crimes -- Uncharged additional sexual battery and multiple uncharged batteries and aggravated assaults committed by defendant which victim referenced during her testimony were inextricably intertwined with charged crimes, and no fundamental error resulted fr...

Ineffective Assistance of Counsel

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

Criminal law -- Possession of firearm by a convicted felon -- Post conviction relief -- Counsel -- Ineffectiveness -- Failure to call co-defendant as witness. Error to summarily deny claim that counsel was ineffective for misadvising defendant concerning the maximum penalty he faced resulting in ...

Dissolution of marriage -- Contempt

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

Trial court abused discretion by striking husband's pleadings and entering default against him as sanction for failure to attend show cause hearing where order to show cause was mistakenly sent to husband's former counsel rather than to husband. Remand for court to hold new hearing at which husba...

Juveniles Search and seizure Hotel room Standing

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

Criminal law -- Juveniles -- Search and seizure -- Hotel room -- Standing -- Drug evidence discovered in hotel room rented by another minor under a false name after juvenile was arrested in doorway of the hotel room on outstanding probable cause affidavit for domestic battery. Court rejects argum...

DUI MOTION TO SUPPRESS

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

Criminal law -- Driving under influence -- Search and seizure -- Consensual encounter -- Officer's request for defendant to exit vehicle did not transform consensual welfare check into investigatory stop where officer, who was responding to anonymous tip of person passed out in parked vehicle, at...

Conditions Sex Offender Probation are Consitutional

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

Criminal law -- Sex offenders -- Probation -- Conditions -- Special conditions of probation restricting use of internet, including accessing or utilizing social media or other social networking, are not unconstitutional, and defendant has not argued or demonstrated any other legal grounds that wo...

Alimony Modification Contempt

Posted by John Rutkowski | Jul 23, 2019 | 0 Comments

Dissolution of marriage -- Alimony -- Modification -- Contempt -- Appeals -- Judgment providing that alimony was non-modifiable for a certain period of time unless former husband became permanently disabled as determined by a physician or social security administration. No abuse of discretion in ...

Custody Same sex unmarried couple

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

Child custody -- Unmarried same-sex couple -- Co-parenting agreement between a biological parent and a non-parent is not enforceable under Florida law. Trial court did not err in dismissing, for lack of standing, former partner's amended petition for declaratory relief in which she sought to be r...

Red Light Camera Violations

Posted by John Rutkowski | Jul 11, 2019 | 0 Comments

Traffic infractions -- Red light violations -- Hearing officer erred in finding that driver who failed to come to full stop before turning right on red light at intersection monitored by red light camera violated state law. Statute that authorizes red light cameras prohibits issuance of citations...

Vehicle Search and seizure

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

Criminal law -- Search and seizure -- Vehicle stop -- Odor of marijuana -- No error in denying motion to suppress evidence discovered in defendant's vehicle during a traffic stop after law enforcement detected the odor of burnt marijuana. Court rejects argument that because the state has authoriz...

Mortgage foreclosure -- Default

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

Mortgage foreclosure -- Default -- It was error to enter default judgment against defendant mortgagor where defendant had filed documents in action and was deprived of a meaningful amount of time to respond to the application for default. Defendant was deprived of meaningful amount of time to res...

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...

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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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