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Hearsay 911 Telephone Call Theft of Service Dog

Posted by John P. Rutkowski | Sep 30, 2019 | 0 Comments

Theft -- Service dog -- Evidence -- Hearsay -- 911 call made by victim of theft is not inadmissible testimonial statement under Confrontation Clause where primary purpose of call was to summon assistance from police due to recent theft of service dog. Exceptions to the Hearsay rule. Excited utter...

Immunity, Stand Your Ground law

Posted by John P. Rutkowski | Sep 20, 2019 | 0 Comments

The Trial court erred in dismissing charges against defendant based on finding that defendant's discharging of a firearm was a justifiable use of deadly force. The Defendant was not entitled to statutory immunity under section 776.032 where defendant was engaged in criminal activity at the time d...

Evidence

Posted by John P. 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 P. 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 P. 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 P. 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 P. 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 P. 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 P. 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 P. 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 P. 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 P. 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 P. 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 P. 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 P. 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 P. 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...

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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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