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Robbery with deadly weapon Evidence Hearsay Silence of defendant

Posted by John P. 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:

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five 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 and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.