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

Officer Cannot Stick Head in Car Window to take a Sniff. State v. Grant.

Brief Brief: State v. Grant, 449 Md. 1 (2016). HOLDING:  The Maryland Court of Appeals had held that a police officer, who inserts his head into a passenger side window of a defendant’s vehicle during a traffic stop, conducted a … Continue reading

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

Prosecutorial Misconduct in Plea Bargain Sentencing. Miller v. State

Brief Brief. Miller v. State, 276 Md. 249, 1974. Issue:  After a plea bargain has been made, a Prosecutor subverted the spirit of the agreement by making damaging statements at the time of sentencing. Quote One:   “Prosecutor’s promise to make … Continue reading

Posted in - Criminal Law, - Ethics, - Plea Agreements, -- B.B.'s. Brief Briefs

Petition to Return Seized Animal

Petition Pursuant to Criminal Law Section 10-615: Return of Animals Below is a redacted section from a motion to return animals when they are seized pursuant to a criminal charge.  It was drafted by Paul J. Notarianni in 2015. NOW … Continue reading

Posted in - Criminal Law, - Notes and Forms, - Pretrial

Suppress Identification

The following was taken from a motion to suppress identification.  The original was drafted by Paul J. Notarianni in 2015. The Defendant offers the following argument as to suppression of the identification.   A Defendant in a criminal matter is protected … Continue reading

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

Frisking Car Passengers. Norman v. State

Brief Brief.  Norman v. State, 452 Md. 373 (2017). Issue:  Court of Appeals held that a police officer lacked reasonable articulate suspicion to search a car passenger, despite a strong odor of marijuana emanating from the car. Quotes:  Quote 1: … Continue reading

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

Other Crimes Evidence and Witnesses. Sessoms v. State.

Brief Brief. Sessoms v. State, 357 Md. 274 (2000). Issue: The test for admitting other crimes evidence, under Maryland Rule 5-404,  does not apply to other crimes or wrongs committed by anyone other than defendant. Quote: “We hold that the … Continue reading

Posted in - Evidence, -- B.B.'s. Brief Briefs

Quick Reference of Impeachable Offenses

Quick Reference of Impeachable Offenses Note:  This list is not all inclusive.  The list incorporates selected items (indicated by “*”) from A Reference Chart of Impeachable and Non-Impeachable Offenses. (The Western Maryland Law Journal, Vol. 1. No. 1. 1998, page 66 … Continue reading

Posted in - Criminal Law, - Evidence, ---- Paul Notarianni | Tagged , , , , , | Leave a comment

Motion to Dismiss Due to Speedy Trial

  Motion to Dismiss Due to Speedy Trial Below is a redacted argument section from a motion to dismiss due to Speedy Trial.  It was drafted in 2014 by Paul J. Notarianni. Argument The charging document in this matter ought … Continue reading

Posted in - Criminal Law, - Notes and Forms, - Pretrial, ---- Paul Notarianni | Tagged , , , , , , , , , , , , , , ,

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