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Jury Instructions Attempt Murder Of Law Enforcement Officer

Posted by John Rutkowski | Jun 01, 2018 | 0 Comments

Trial court's failure to instruct the jury on element of offense, that defendant knew that victim was a law enforcement officer, constituted fundamental error where there was a dispute at trial as to whether defendant knew that victim was law enforcement officer. On remand, if state intends to proceed under attempted felony murder theory, it needs to properly charge defendant under the attempted felony murder statute.

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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.

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