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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-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.