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fundamental error

Posted by John Rutkowski | Feb 28, 2018 | 0 Comments

Second degree murder. Jury instructions. Lesser included offenses, Manslaughter by act. Giving of erroneous standard instruction on manslaughter by act, which included element of intent to kill, as lesser included offense of second degree murder constituted fundamental error even though jury was instructed on manslaughter by culpable negligence where there was no evidence from which jury could have concluded that victim was killed due to culpable negligence. Habeas corpus, Appellate counsel was ineffective for failure to bring to court's attention the decision holding that the giving of the improper standard jury instruction was fundamental error. Successive petition for writ of habeas corpus, Doctrine of manifest injustice allows court to rectify its earlier error of denying prior petition for writ of habeas corpus raising same claim of ineffective assistance of appellate counsel. Read Entire 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.