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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-three 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.