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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-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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