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Hearsay Evidence

Posted by John 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 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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