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Stand Your Ground Law

Posted by John Rutkowski | May 07, 2018 | 0 Comments

Statutory amendment which changes the burden of proof from the defendant to the state in a Stand Your Ground immunity hearing is procedural in nature and applies retroactively to defendant whose appeal was pending when the amendment was enacted. Defendant is entitled to a new immunity hearing. Question certified: Is the 2017 amendment to section 776.032 of the Florida Statutes procedural in nature such that the amendment should be applied retroactively to cases that were pending in Florida courts at the time of the amendment's enactment?

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John 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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