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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-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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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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