Author Archives: Site Administrator: Paul Notarianni

About Site Administrator: Paul Notarianni

Paul Notarianni is the administrator for this site.

When Traffic Stop = Seizure. Ferris v. State

Posted on May 26, 2017

Brief Brief: Ferris v. State 355 Md. 356 (1999) Issue: What constitutes a seizure, under the Fourth Amendment, during a traffic stop. Quotes: “The Fourth Amendment protects against unreasonable searches and seizures, including seizures that involve only a brief detention. … Continue reading →

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

Traffic Stop for Window Tint. Turkes v. State

Posted on May 26, 2017

Brief Brief: Turkes v. State, 199 Md. App. 96 (2011) Issue: When does a perceived violation of window tint regulation give rise to reasonable articulate suspension to support a traffic stop? Quotes: “When an officer observes a vehicle that is … Continue reading →

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

Plea Agreement: Binding v. Non-Binding

Posted on May 22, 2017

Plea Agreement: Binding v. Non-Binding Defense counsel is in District Court with client charged with theft under $100.00. Defense counsel asks the assigned State’s Attorney for a plea offer. The State’s Attorney responds “If your client pleads guilty to theft … Continue reading →

Posted in - Criminal Law, - HG 8-505 & Sentencing, - Plea Agreements, ---- Paul Notarianni | Tagged - Criminal Law, 335 Md. 161, 416 Md. 568, 443 Md. 1, binding, binding v. non-binding, Bonilla v. State, Chertkov v. State, Cuffley v. State, Maryland, Maryland Rule 4-243, non-binding, plea agreement, Sentence Modification, State v. Smith

“The Court Refuses to Honor my Appeal. What do I do now ?!?!”

Posted on May 14, 2017

Article by Paul J. Notarianni This article is a collection of forms a practitioner could use if they feel their notice of appeal was wrongly stricken. The Court Refuses to Honor my Appeal What do I do now

Posted in - Appellate Practice, - Criminal Law, - Notes and Forms, ---- Paul Notarianni | Tagged Appeal, appeal ignored, court refuses to honor appeal, criminal practice, denied, District court, filing appeal, Maryland, notice of appeal, stricken, wrongly denied, wrongly dismissed

Passenger Standing and Terry. Arizona v. Johnson.

Posted on May 11, 2017

Brief Brief Arizona v. Johnson 555 U.S. 323 (2009). Issue: Passenger standing to challenge traffic stop and Terry search. Quotes: “This case concerns the authority of police officers to “stop and frisk” a passenger in a motor vehicle temporarily seized … Continue reading →

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

Illegal Deferred Sentence. Montgomery v. State.

Posted on May 11, 2017

Brief Brief: Montgomery v State 405 Md 67 (2007) Issue: Illegal Deferred Sentence Facts: The defendant was convicted “of violating the conditions of a previously imposed period of probation. The court sentenced Montgomery to ten years imprisonment for the violation, … Continue reading →

Posted in - Criminal Law, - HG 8-505 & Sentencing, -- B.B.'s. Brief Briefs

PBJ and Subsequent Offender Status

Posted on May 10, 2017

Below is an argument to prevent the State from seeking subsequent offender status for a defendant whose past matter resulted in a probation before judgment. It was drafted by Paul J. Notarianni. Argument The Defendant in this … Continue reading →

Posted in - Criminal Law, - HG 8-505 & Sentencing, ---- Paul Notarianni | Tagged Does PBJ make you a subsquent offender, Judgement, Judgment, Maryland, PBJ, Probation Before, Subsquent offender