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Stand your ground

Posted by John 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 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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John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.

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