Author Archives: Site Administrator: Paul Notarianni

About Site Administrator: Paul Notarianni

Feel free to view and download any of the content on this site IF you accept the following conditions: 1) You agree to not forward or distribute any of the content of this site for profit or financial gain. 2) You understand that this site and all of its content is for informational purposes only. 3) You understand that the Western Maryland Advocate is not an advertisement, no legal services of any kind are being offered. 4) You understand that no attorney-client relationship exists simply by nature of viewing this site and downloading/viewing its contents. 5) You understand that nothing on this site or downloaded from it should be used as an alternative to discussing your case with a competent licensed attorney in your particular jurisdiction. 6) You understand that the Western Maryland Advocate is an independent experiment. In other words, this site is in no way, whatsoever, affiliated with any government agency or law firm. 7) You understand that no warranty or guarantee is made that the information on this site or the content posted on it is accurate, up to date, or current. 8) You understand that the Western Maryland Advocate is not responsible for the content on any associated link or advertisement. Paul J. Notarianni is the administrator for the Western Maryland Advocate. He is licensed to practice law in the State of Maryland and may be contacted at Paulnotarianni@gmail.com

Invocation of Counsel

The following was taken from a motion in limine.  It was drafted by Paul J. Notarianni. Evidence of an accused’s intent to obtain counsel is inadmissible.  In Casey v. State, the Maryland Court of Special Appeals held that the issue … Continue reading

Posted in - Criminal Law, - Evidence, ---- Paul Notarianni

Lay Opinion; Moreland v. State.

The following was taken from a motion in Limine.  It was drafted by Paul J. Notarianni. Permissible lay opinion testimony generally falls into one of two categories. (Moreland v. State, 207 Md. App. 563, 571 (2012) citing Washington v. State, … Continue reading

Posted in - Criminal Law, - Evidence, ---- Paul Notarianni

License Plate Lamp and 4th Amendment.

The following was from a motion to suppress based on a traffic stop for a tail lamp.  Drafted by Paul J. Notarianni. “The Supreme Court has made clear that a traffic stop involving a motorist is a detention which implicates … Continue reading

Posted in - 4th Amendment, - Criminal Law, - Traffic Offenses, ---- Paul Notarianni

Nol Pro & STETs on Appeal. LaFavre v. State

Brief Brief: LaFaivre v. State, 338 Md. 151 (1994). ISSUE:  Resurrection of charges nolle prosequi and STET on trial de novo. QUOTE 1:  “This case involves some basics of criminal procedure. The petitioner was prosecuted in the District Court of … Continue reading

Posted in - Appellate Practice, - Criminal Law, -- B.B.'s. Brief Briefs, ---- Paul Notarianni | Tagged , , , , , , , , , , , , ,

Violation of Probation: Motion to Dismiss for Violation of MD Rule 4-347 (a)

Below is an excerpt for a motion to dismiss a petition to violate probation on the basis for failing to articulate the nature of the violation. It was drafted by Paul J. Notarianni in 2019. Maryland Rule 4-347 (a) states, … Continue reading

Posted in - Criminal Law, ---- Paul Notarianni | Tagged , , ,

Md Crim. Pro Section 5-213.1 Violation of Pre-Trial Release Conditions

Maryland Criminal Procedure Section 5-213.1 criminalizes certain violations of pre-trial release conditions.  Below are two sample defense arguments for these types of cases.  One is a multiplicity argument, in the event the State seeks multiple counts for violation of the … Continue reading

Posted in - Criminal Law, - Pretrial, ---- Paul Notarianni | Tagged , , , , , , , , , , , , , , , , , , ,

Pickpocket v. Robbery. Cooper v. State.

Brief Brief.  Cooper v. State,9 Md. App. 478 (1970). ISSUE:  Pickpocket v. Robbery QUOTE: “Robbery, a common law crime in Maryland, is larceny from the person accompanied by violence or putting in fear.  The violence may be actual as by … Continue reading

Posted in - Assault & Affray, - Criminal Law, -- B.B.'s. Brief Briefs | Tagged , ,

Failure to Grant a Jury Instruction

This is an excerpt from a petition for writ of certiorari.  It was drafted by Paul J. Notarianni in 2016. ISSUE PRESENTED Did the Trial Court commit reversible error when it made a finding that necessity was a valid defense, … Continue reading

Posted in - Appellate Practice, - Criminal Law, - Jury Instructions, ---- Paul Notarianni | Tagged , , , , , , , ,

Voluntariness of Guilty Plea

The following is an excerpt from an Application for Leave to Appeal.  The issue raised was whether a guilty plea was made knowingly and voluntarily.   It was drafted by Paul J. Notarianni  in 2013. Applicant raises a single allegation of … Continue reading

Posted in - Appellate Practice, - Criminal Law, - Plea Agreements, ---- Paul Notarianni | Tagged , , , , , , ,

K-9 Alert Not Sufficient to Search Occupants. State v. Wallace.

Brief Brief.  State v. Wallace, 372 Md. 137 (2002). QUOTE:  “A canine alert on the exterior of a vehicle does not support the proposition that the drugs potentially in the car are concealed on a particular occupant of that vehicle.  … Continue reading

Posted in - 4th Amendment, -- B.B.'s. Brief Briefs