Author Archives: Site Administrator: Paul Notarianni

About Site Administrator: Paul Notarianni

Paul Notarianni is the administrator for this site.

Victim Impact Statement. Ball v. State

Brief Brief.  Ball v. State, 347 Md. 156 (1997) Issue:  Victim impact statements and their limits. Quotes:  “The impact of a crime on a victim or the victim’s family is both relevant and probative. (citing Evans v. State, 333 Md. … Continue reading

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

When Traffic Stop = Seizure. Ferris v. State

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

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

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 , , , , , , , , , , , , , ,

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

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 , , , , , , , , , , ,

Passenger Standing and Terry. Arizona v. Johnson.

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.

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