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Jury Instructions Attempt Murder Of Law Enforcement Officer

Posted by John P. 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 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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