Contact Us for a Free Consultation 866-517-0007


Stand Your Ground law

Posted by John Rutkowski | Feb 08, 2018 | 0 Comments

Stand Your Ground law -- Prohibition -- Petition for writ of prohibition to prevent trial court from proceeding with Stand Your Ground immunity hearing based on claim that court will not apply statutory amendment which shifts burden of persuasion from defendant to state because court has found that amendment is an unconstitutional violation of separation of powers -- Because trial court has not heard or ruled on motion for Stand Your Ground immunity, but has only indicated that motion will be heard and that statutory amendment will not be applied, court has not acted in excess of its jurisdiction, and appellate court lacks jurisdiction to address petition for writ of prohibition before court hears defendant's motion and issues its ruling

About the Author

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.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact us

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.