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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 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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