Interlocutory Criminal Appeal: Denied Motion to Enforce Plea Agreement


This is a sample motion for an interlocutory appeal in a criminal case arising from a denied motion to enforce a plea agreement.   It was drafted by Paul J. Notarianni.


    COMES NOW:  The above captioned Defendant, by and through counsel, pursuant to all applicable law; and requests that an appeal be entered to the proper appellate court regarding the above captioned matter.


    The ruling in the captioned matter denying the Defendant’s motion to enforce a plea agreement is subject to interlocutory appeal.  The Maryland Court of Appeals has held that “the idea that an issue is not effectively reviewable after the termination of trial because it involves a ‘right’ to avoid the trial itself, should be limited to double jeopardy claims and a very few other extraordinary situations.” (Tamara A. v. Montgomery County Department of Health and Human Services, 407 Md. 180, 191 (2009) Shoemaker v. Smith, 353 Md. 143, 169-70 (1999) as quoted in Rios v. Maryland, 186 Md. App. 354, 366 (2009)).  However, the enforcement of a plea agreement is such an “extraordinary situation.” (Rios v. Maryland 186 Md. App. at 366 citing  Jackson v. Maryland, 358 Md 259,  271 (2000).  The enforceability of plea agreements is a proper basis for interlocutory appeal because of the strong public policy that favors plea negotiation process.  (Rios v. Maryland 186 Md. App. at 366). In the matter at hand,   a ruling has been made denying the Defendant’s motion to enforce a plea agreement.  As such, the Defendant is entitled to appellate review of the ruling prior to the captioned matter proceeding to trial.        

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