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CLOSING ARGUMENT SHIFT THE BURDEN OF PROOF TO DEFENDANT REVERSIBLE ERROR

Posted by John Rutkowski | Apr 27, 2018 | 0 Comments

Ladyjusticetampa

The trial court erred in overruling defense objection to prosecutor's closing argument, which shifted the burden of proof to defendant. Prosecutor's arguments commenting on defendant's silence during a telephone conversation with his wife, in which he did not address the substance of the allegations or offer any reason for conduct alleged, were both an impermissible comment on silence and a burden-shifting comment, with either one being egregious and obviously improper. Prior similar improper arguments made without objection do not render challenged argument harmless. Jurors. challenge, trial court erred in denying defendant's peremptory strike of prospective female juror based on finding that proffered gender-neutral reason was pretextual. Trial court's failure to engage in meaningful genuineness analysis necessarily amounts to reversible error. Read Case Below:

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John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.

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John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.

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