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Lewd and lascivious molestation of child under twelve

Posted by John Rutkowski | Feb 09, 2018 | 0 Comments

Lewd and lascivious molestation of child under twelve -- No merit to claim that trial court erred by admitting child hearsay statements without balancing whether probative value of statements was outweighed by danger of presentation of repetitive and cumulative evidence -- By admitting evidence, trial court necessarily rejected any argument that prejudice outweighed probative value, and rule does not require that trial court make findings on the record or otherwise to reflect reasoning underlying its decision to overrule objection that evidence is cumulative -- Prosecutor's reference to defendant as “boogeyman” in opening statement not basis for reversal where trial court sustained objection, but defendant did not seek curative instruction or move for mistrial -- Comment did not rise to level of fundamental error -- Evidence -- Claim that trial court erred in allowing improper opinion testimony about victim's credibility was without merit, as testimony had to do with another victim's experience with defendant that was introduced as similar-act evidence -- Jury instructions -- Trial court did not fundamentally err by failing to instruct jury on unnatural and lascivious act, a permissive lesser-included offense

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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, criminal defense attorney, is focused on all aspects, Criminal Defense, Driving Under the Influence. Contact us today to schedule an initial consultation.

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