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Robbery with deadly weapon Evidence Hearsay Silence of defendant

Posted by John Rutkowski | Apr 12, 2018 | 0 Comments

Trial court erred in admitting detective's testimony regarding his review of State Driver and Vehicle Identification Database which led to his investigation of defendant's wife's van. Such evidence was hearsay offered to buttress state's identification of defendant as robber who had driven vehicle to scene of robbery.

Silence of defendant. State's question to defendant on cross-examination as to why he never relayed to detective who had arrested defendant any details about people defendant claimed would have seen him on night of robbery was fairly susceptible of being construed as a comment on defendant's silence. Conviction reversed. Remand for new trial. Read Case Below:

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John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four 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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