Boating under the influence -- Evidence -- Expert -- Blood alcohol content -- Retrograde extrapolation. Defense claim that the testimony of state's expert, who used retrograde extrapolation to estimate that defendant's blood alcohol content (BAC) exceeded the legal limit at time of the accident, ...
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...
Fingerprints Can Be Used to Unlock Phones Without Violating 5th Amendment, According to Recent Court Ruling the United States District Court for the District of Idaho recently held that forcing a person to use their fingerprint to unlock their phone does not violate their constitutional right aga...
Where the defendant gave consent for blood draw, defendant's subsequent attempt to thwart testing of blood samples by withdrawing her consent after the samples were taken was ineffective. Motion to suppress is denied
Appeal of Risk Protection Order (RPO) entered against appellant pursuant to section 790.401 based on appellant's homicidal ideation and overt desire to shoot a fellow law enforcement officer. Although it is possible that appellant's hostile words amounted to no more than hyperbole and hollow thre...
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...
Criminal law -- Search and seizure -- Video surveillance -- Warrant requirements -- Minimization -- Defendant recorded on video surveillance authorized by search warrant while engaging in illegal sexual activity in massage room of commercial spa. Discussion of Fourth Amendment issues related to s...
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...
Portions of defendant's statement to law enforcement that are considered “substance of a confession” are exempt from public disclosure under Public Records Act until criminal case is finally determined. Defendant's request to prevent disclosure of his entire statement is denied where defendant ha...
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 ...
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...
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...
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...
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...
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 ...
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...
Criminal law -- Aggravated battery causing great bodily harm -- Jury -- Voir dire -- Trial court abused its discretion by refusing to allow defense counsel to question potential jurors as to their understanding and opinions regarding battered-spouse syndrome, the theme underlying defendant's theo...
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...
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 -- 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...
An appeal of the denial for a limited driver's license (hardship license) is made by filing what is known as a Writ of Certiorari in the Circuit Court in the county of your residence. The Writ is basically you asking the court to allow you to obtain a limited driver's license because the hearing ...
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...
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....
Criminal law -- Driving while license permanently revoked -- Acquittal -- Defendant only ever possessing an expired learner's permit -- Error to deny judgment of acquittal where state failed to establish that defendant possessed a driver's license or driving privilege that could be permanently re...
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...
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.
