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Hearsay Exceptions Forfeiture by wrongdoing

Posted by John 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 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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