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Stand your Ground Initial Provocation Exception

Posted by John P. Rutkowski | Feb 26, 2020 | 0 Comments

The trial court erred in denying defendant's motion for immunity from prosecution for attempted second-degree murder, aggravated battery, and shooting at a vehicle because defendant initially provoked confrontation. “Initial provocation” exception to immunity created by section 776.041(2) does no...

Confession Suppressed Police Violate Miranda Warnings

Posted by John P. Rutkowski | Feb 20, 2020 | 0 Comments

Confession. Voluntariness. Trial court erred in denying defendant's motion to suppress his post-Miranda interrogation statements. Detective's failure to re-read Miranda rights to defendant after defendant reinitiated conversation with detective rendered defendant's confession involuntary, despite...

Injunction against repeat violence reversed

Posted by John P. Rutkowski | Feb 18, 2020 | 0 Comments

Injunction -- Repeat violence -- Petitioner who, individually and on behalf of his minor child, sought injunction against former wife's boyfriend. Injunction reversed where evidence did not support finding that respondent committed acts of repeat violence as defined in section 784.046. Respondent...

Confession Not Voluntary

Posted by John P. Rutkowski | Feb 05, 2020 | 0 Comments

Trial court erred in denying defendant's motion to suppress his confession. Defendant's confession was involuntary where interrogating officers made constant vague offers to help defendant yet failed to explain or clarify the limits of their authority. Viewing totality of officers' statements tha...

Murder Self-defense Evidence Silence of defendant

Posted by John P. Rutkowski | Jan 15, 2020 | 0 Comments

Criminal law -- Murder -- Self-defense -- Evidence -- Silence of defendant -- Pre-Miranda -- Ineffective assistance of counsel -- Prosecutor's statements about defendant's pre-arrest, pre-Miranda silence in opening and closing arguments and state's presentation of testimony about that silence dur...

Disqualifying the trial judge

Posted by John P. Rutkowski | Dec 31, 2019 | 0 Comments

Darien Hauter appeals two orders entered on the same day in two cases. The first order denied Hauter's motion to disqualify the trial judge as "legally insufficient." The second order, filed fifteen minutes later, denied Hauter's motion to mitigate his sentences. Hauter stated in his affidavit in...

Constructive Possession of Drugs

Posted by John P. Rutkowski | Dec 11, 2019 | 0 Comments

Appellant, Andrew James Sims, appeals his convictions and sentences for trafficking in amphetamine or methamphetamine (28 grams or more, but less than 200 grams); possession of cocaine; sale, manufacture, delivery, or possession of cannabis (more than 20 grams); and possession of drug paraphernal...

Immunity, Stand Your Ground

Posted by John P. Rutkowski | Dec 09, 2019 | 0 Comments

Immunity -- Stand Your Ground law. The defendant was charged with domestic battery for striking minor son of his girlfriend in the head during altercation over his use of girlfriend's EBT card. The defendant's requests for immunity and dismissal pursuant to section 776.032 are granted. State fail...

Warrant Needed for Police to Track Cell Phones

Posted by John P. Rutkowski | Nov 27, 2019 | 0 Comments

Criminal law -- Search and seizure -- Cell phones -- Site location information -- Site simulator. The trial court did not err in granting defendant's motion to suppress evidence found with defendant who was located in victim's parked car through the use of Cell Site Locator Information (CSLI) and...

Confession to Prove Crime

Posted by John P. Rutkowski | Nov 26, 2019 | 0 Comments

Criminal law -- Juveniles -- Confession -- Corpus delicti -- To establish corpus delicti (the crime) for purpose of admission of a confession, state need only show that a crime has been committed, not that the defendant committed that particular crime, except in circumstances where proof of ident...

Blood Draw Suppressed

Posted by John P. Rutkowski | Nov 19, 2019 | 0 Comments

Law-enforcement reading of implied consent warning before defendant consented to blood draw rendered her consent involuntary, and there were no exigent circumstances which allowed a warrantless blood draw. Therefore the Defendant's Motion to Suppress the blood test results granted.  Read Opinion...

Stand Your Ground Immunity Police Entering Home

Posted by John P. Rutkowski | Nov 09, 2019 | 0 Comments

Immunity, Stand Your Ground law -- Exceptions. Prosecution arising out of defendant's firing of a warning shot from the front porch of his home, which precipitated a gun fight, after three individuals, who were in fact three plainclothes law enforcement officers attempting to effectuate a warrant...

Divorce, Default Judgment

Posted by John P. Rutkowski | Nov 02, 2019 | 0 Comments

Wife's motion for relief from default judgment was insufficient where motion made only conclusory assertion that she had meritorious positions regarding time-sharing and equitable distribution. Under Florida law, where divorcing couple has minor child, court cannot enter default final judgment wi...

CRIME ON THE HIGH SEAS

Posted by John P. Rutkowski | Oct 25, 2019 | 0 Comments

Criminal law -- Maritime law -- Jurisdiction -- Information -- Effects doctrine. Crime committed by Honduran citizen on cruise ship in international waters. The circuit court did not err in denying motion for judgment of acquittal which asserted, for the first time, that the state failed to invok...

Stand your ground Immunity from prosecution

Posted by John P. Rutkowski | Oct 23, 2019 | 0 Comments

Criminal law -- Immunity -- Stand Your Ground Law. Unsworn allegations of defendant and his counsel do not satisfy defendant's burden to establish a prima facie claim of self-defense immunity. Further, defendant failed to comply with rule 3.190 requirement that facts underlying motion to dismiss ...

DUI Traffic Stop Reasonable Suspicion/Probable Cause

Posted by John P. Rutkowski | Oct 22, 2019 | 0 Comments

Criminal law -- Driving under influence -- Search and seizure -- Vehicle stop -- Traffic infraction. Officer who observed vehicle weave within her lane and cross over edge line one time without impeding or endangering either traffic or pedestrians did not have probable cause to believe defendant ...

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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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