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Hearsay Exceptions Forfeiture by wrongdoing

Posted by John P. Rutkowski | Apr 25, 2018 | 0 Comments

Trial court erred when it permitted state to introduce recorded statements of victim on ground that victim's unavailability was result of wrongdoing by defendant. For forfeiture-by-wrongdoing exception to apply, defendant must have engaged in conduct designed to prevent witness from testifying, and evidence was insufficient to show that defendant intentionally caused or intentionally acquiesced in wrongfully causing the unavailability of the victim. Read Case Below:

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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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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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