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Stand your ground

Posted by John P. Rutkowski | Apr 12, 2019 | 0 Comments

Criminal law -- Aggravated battery with deadly weapon -- Immunity -- Stand Your Ground law -- Defendant is entitled to new immunity hearing under 2017 amended statute which places burden of proof on state to overcome a facially sufficient claim of self-defense immunity by clear and convincing evidence. Prior opinion in Martin v. State precludes reliance on prior jury's determination, and effectively forecloses consideration of harmless error analysis under circumstances of case. If trial court concludes that defendant is not entitled to immunity after conducting a new hearing, the court shall enter an order with its findings and reinstate defendant's conviction. Conflict certified.

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John P. 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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