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- Invocation of Counsel
- Lay Opinion; Moreland v. State.
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- Nol Pro & STETs on Appeal. LaFavre v. State
- Violation of Probation: Motion to Dismiss for Violation of MD Rule 4-347 (a)
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- Pickpocket v. Robbery. Cooper v. State.
- Failure to Grant a Jury Instruction
- Voluntariness of Guilty Plea
- K-9 Alert Not Sufficient to Search Occupants. State v. Wallace.
- Officer Cannot Stick Head in Car Window to take a Sniff. State v. Grant.
- Prosecutorial Misconduct in Plea Bargain Sentencing. Miller v. State
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- Quick Reference of Impeachable Offenses
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- Victim Impact Statement. Ball v. State
- When Traffic Stop = Seizure. Ferris v. State
- Traffic Stop for Window Tint. Turkes v. State
- Plea Agreement: Binding v. Non-Binding
- “The Court Refuses to Honor my Appeal. What do I do now ?!?!”
- Passenger Standing and Terry. Arizona v. Johnson.
- Illegal Deferred Sentence. Montgomery v. State.
- PBJ and Subsequent Offender Status
- Interlocutory Criminal Appeal: Denied Motion to Enforce Plea Agreement
- Enforcement of Plea Agreement: “But I did what they told me to do…”
- Proposed Jury Instructions for Motor Vehicle Offenses
- Never Having a License as Defense to DWS/DWR. State v. Sullivan
- Mistake of Fact Jury Instruction. General v. State
- No Declared Stingrays in Allegany County
- Is 4th Degree Burglary Impeachable?
- Imperfect Self-Defense Jury Instruction
- Elements of Affray and defenses. Dashiell v. State.
- Standard for Preventative Detention. Wheeler v. State.
- STETs are Plea Agreements. State v. Thompson.
- DWS Mens Rea. State v. McCallum.
- Considering Other Pending Cases at Bail. Bigley v. Warden of Maryland Correctional Facility for Women.
- Spreadsheets = Hearsay. Davies v State.
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Author Archives: Site Administrator: Paul Notarianni
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
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
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
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
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
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
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
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
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
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