Categories
- – 4th Amendment
- – Appellate Practice
- – Assault & Affray
- – Bail
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- – Ethics
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- – HG 8-505 & Sentencing
- – Jury Instructions
- – Notes and Forms
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- – Traffic Offenses
- — B.B.'s. Brief Briefs
- — The Western Maryland Law Journal
- —- James Malone
- —- Michael Stankan
- —- Paul Notarianni
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Posts
- Invocation of Counsel
- Lay Opinion; Moreland v. State.
- License Plate Lamp and 4th Amendment.
- Nol Pro & STETs on Appeal. LaFavre v. State
- Violation of Probation: Motion to Dismiss for Violation of MD Rule 4-347 (a)
- 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
- Petition to Return Seized Animal
- Suppress Identification
- Frisking Car Passengers. Norman v. State
- Other Crimes Evidence and Witnesses. Sessoms v. State.
- Quick Reference of Impeachable Offenses
- Motion to Dismiss Due to Speedy Trial
- 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.
- Fourth Amendment Outline
- Quick Reference: Case Search Codes
- Maryland Authorities on Lawyers and Social Media
- Cross-Reference of Maryland Traffic Offenses
- The Justice Reinvestment Act’s Impact on 8-505
- The Western Maryland Law Journal
- Defense Access to Police Personnel File
- Notes and Forms: Health General Sections 8-505; 8-506; and 8-507
- Intro to Death Penalty Voir Dire
- Notes and Forms: Defending School Truancy Cases in the District Court of Maryland
- Welcome! Site Information
Author Archives: Site Administrator: Paul Notarianni
No Declared Stingrays in Allegany County
No Declared Stingrays in Allegany County Across the United States, law enforcement agencies have being using devices, commonly called “Stingrays,” to conduct surveillance on civilian populations. These devices are purported to mimic cell phone towers to track phones and, potentially, … Continue reading
Posted in - Public Interest, ---- Paul Notarianni
Tagged ---- Paul Notarianni, Allegany, Allegany County, Andrew farrell, C3i, Cell, Cell site simulators, Chuck ternent, City, Combined Criminal Investigation, Craig Robertson, Criminal, Cumberland, Defense, Draft letter, Foia, Freedom of information act, Jon dudiak, Letter, Linda thomas, Maryland, Maryland public information act, Maryland State Police, Mpia, Narcotics Task Force, Office, Police, Sheriff, State's Attorney, Stingray, Western
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Is 4th Degree Burglary Impeachable?
Short Answer: Generally, in and of itself, a prior conviction for a violation of CR 6-205 (a), (b), or (d) is not valid impeachment material. This is not the case for a conviction for CR 6-205 (c). Long Answer: … Continue reading
Posted in - Criminal Law, - Evidence
Tagged - Evidence, Burglary, Fourth degree, Impeach, Impeachment, Is 4th Degree Burglary Impeachable, Maryland
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Imperfect Self-Defense Jury Instruction
NOTE: This is a sample jury instruction for imperfect self-defense for a charge of First Degree Assault. It is a modified version of Maryland Pattern Jury Instruction Cr 5:07, Self-Defense, with additional language pursuant to Christian v. State, 405 Md. … Continue reading
Posted in - Assault & Affray, - Criminal Law, - Jury Instructions
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Elements of Affray and defenses. Dashiell v. State.
Brief Brief Dashiell v. State, 214 Md. App. 684 (2013) Issue: Elements of Affray and defenses. Background: Defendant was convicted of involuntary manslaughter. On appeal, three issues were raised: 1) whether the trial court erred in instructing the jury that … Continue reading
Posted in - Assault & Affray, - Criminal Law, -- B.B.'s. Brief Briefs
Tagged Affray, Dashiell v. State
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Standard for Preventative Detention. Wheeler v. State.
Brief Brief Wheeler v. State, 160 Md.App. 566 (2005) Issue: Bond hearing preventative detention. QUOTE: “It is often stated that “[t]he setting of bail is within the sound discretion of the trial court.” See e.g., Sykes v. Warden, 201 Md. … Continue reading
Posted in - Bail, - Criminal Law, -- B.B.'s. Brief Briefs
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STETs are Plea Agreements. State v. Thompson.
Brief Brief State v. Thompson, 48 Md. App. 219, (1981) Issue: STET agreements are enforceable plea agreements. QUOTES: “Entering of a stet in exchange [for conditions by Defendant] is a plea bargain to be honored by the State as long as … Continue reading
Posted in - Criminal Law, - Plea Agreements, -- B.B.'s. Brief Briefs
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DWS Mens Rea. State v. McCallum.
Brief Brief: State v. McCallum 321 Md. 451 1990 Issue: Mens Rea for driving while suspended. QUOTES: “if the State offers the record at any subsequent trial and there is an objection, the court should redact all portions of McCallum’s motor … Continue reading
Posted in - Criminal Law, - Traffic Offenses, -- B.B.'s. Brief Briefs
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Considering Other Pending Cases at Bail. Bigley v. Warden of Maryland Correctional Facility for Women.
Brief Brief: Bigley v. Warden of Maryland Correctional Facility for Women, 16 Md. App. 1 (1972) Issue: Courts taking into consideration other pending criminal cases while affixing bail in another. Procedural Posture: Case was a Habeas Petition out of the … Continue reading
Posted in - Bail, - Criminal Law, -- B.B.'s. Brief Briefs
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Spreadsheets = Hearsay. Davies v State.
Brief Brief: Davies v State 198 Md App 400 (2010) MD Rule 5-1006 Issue: If a party seeks to present voluminous data in a more convenient form for trial (in this case, a spreadsheet of stolen property); it must make … Continue reading
Posted in - Criminal Law, - Evidence, -- B.B.'s. Brief Briefs
Tagged ---- Paul Notarianni, Hearsay, MD Rule 5-1006
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Fourth Amendment Outline
ABSTRACT: In November of 2015, Michael Stankan gave a presentation to the Western Maryland Criminal Defense Bar regarding Fourth Amendment issues in traffic stops. This is his outline of cases from that presentation. MichaelStankan4thAmendmentOutline
Posted in - 4th Amendment, - Criminal Law, - Traffic Offenses, ---- Michael Stankan
Tagged (1989) Arizona v. Gant, (1997) McCain v. State, (1997) Whitman v. State, (2001) Illinois v. Caballes, (2001) Wilson v. State, (2002) Hardy v. State, (2006) State v. Smith, (2007) Briscoe v. State, (2007) Maryland v. Pringle, (2007) Pennsylvania v. Mimms, (2010) Farewell v. State, (2010) Muse v. State, (2014) Conboy v. State, 101 Md. App. 395 (1994) Collins v. State, 116 Md. App. 497, 118 Md. App. 317 (1997) White v. State, 121 Md. App. 345 (1998) Herbet v. State, 132 Md. App. 598 (2000) Chase v. State 224 Md. App. 631 (2015) Chimel v. California, 132 S. Ct. 945 (2012) United States v. Salvucci, 134 S. Ct. 2473 (2014) Rowe v. State, 136 Md. App. 458, 139 Md. App. 212 (2001) Kelley v. State 436 Md. 406 (2013) Lewis v. State, 140 Md. App. 696 (2001) State v. Harding 196 Md. App. 384 (2010) State v. Nieves, 143 Md. App. 155 (2002) Epps v. State, 143 Md. App. 670 (2002) Charity v. State, 146 Md. App. 327, 146 Md. App. 395 (2002) Nathan v. State, 150 Md. App. 540 (2003) Ferris v. State, 150 Md. App. 658 (2002) Wilson v. State, 152 Md. App. 1 (2003) Sinclair v. State 214 Md. App. 309 (2014), 155 Md. App. 353 (2004) Davis v. State, 17 Md. App. 376 (1973) Commonwealth v. Cruz, 170 Md. App. 211, 173 Md. App. 414 (2007) State v. Funkhouser, 174 Md. App. 434 (2007), 180 Md. App. 210 (2008) Paulino v. State, 182 Md. App. 444 (2008) Smith v. State, 184 Md. App. 535 (2009) Graham v. State, 189 Md. App. 653 (2009) Thompson v. State, 190 Md. App. 497 (2010) Jones v. State, 192 Md. App. 653 (2010) Turkes v. State, 193 Md. App. 687, 194 Md. App. 252 (2010) McDowell v. State, 195 Md. App. 695, 199 Md. App. 96 (2011) United States v. jones, 2015 WL 6112285, 2015 WL5969682 at 1 (Md. Ct. Spec. App. 2015) Minnesota v. Dickerson, 206 Md. App. 309 (2012); Aff’d, 214 Md. App. 195 (2013) State v. Green, 219 Md. App. 91 (cert denied) (2014) Sellman v. State, 25 Md App. 428 (1975) Wilkes v. State, 278 Va. 300 (2009) Whitehead v. State, 335 (355?) Md. 356 (1999) Ford v. State, 363 Md. 150 (2001) Whitehead v. Commonwealth, 363 Md. 424 (2001) Scribner v. State, 364 Md. 554, 370 Md. 648 (2002) New York v. Belton, 372 Md. 137 (2002) Stokeling v. State, 374 Md. 527 (2003) State v. Wallace, 375 Md. 595 (2003) State v. Mason, 383 Md. 573 (2004) State v. Ofori, 391 Md. 462 (2006) Carter v. State, 395 U.S. 752 (1969) Collin v. State, 398 Md. 349, 399 Md. 341, 407 Md. 327 (2009) Miles v. State, 411 Md. 104 ( Brendlin v. California, 422 Md. 384 (2011) Byndloss v. State, 434 U.S. 106 (1977) Ray v. State, 435 Md. 1 (2013) Riley v. California, 441 U.S. 520 (1979) Belote v. State, 444 Md. 16 (2015) Smith v. State, 448 U.S. 83 Wiegmann v. State, 453 U.S. 454 (1981) Ott v. State 325 Md. 206 (1973) Padilla v. State, 459 Mass. 459 (2011) Commonwealth v. Daniel, 464 Mass 745 (2013). Commonwealth v. Overmyer, 469 Mass. 16, 496 U.S. 325 (1990) Anderson v. State, 508 U.S. 366 (1993) Moore v. State, 519 U.S. 408, 540 U.S. 366 (2003) Maryland v. Wilson, 543 U.S. 405 (2005) Jackson v. State, 551 U.S. 249, 556 U.S. 332 (2009) Bell v. Wolfish, 78 Md. App. 471, Alabama v. White, at 2 (Md. Ct. Spec. App. 2015) Edwards v. State, No 1456 Sept Term 2014, no. 1951 Sept. Term 2013
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