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Hearsay Evidence

Posted by John P. Rutkowski | Jun 21, 2017 | 0 Comments

In North v State of Florida the defendant was charged with dealing in stolen property based upon his taking and selling of his employer's scrap metal. Defendant's defense was the employer gave him permission, in an email, to take the scrap metal.

The trial court refused to allow the defendant's testimony ruling it was inadmissible hearsay. After conviction defendant appealed his denial to testify. The court of appeals reversed and remained the case for new trial ruling prospective testimony was not inadmissible hearsay, as the statements went to defendant's state of mind, and not to prove the truth of the matter asserted.

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John P. 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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