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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)
- Md Crim. Pro Section 5-213.1 Violation of Pre-Trial Release Conditions
- 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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- Frisking Car Passengers. Norman 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.
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Category Archives: – Appellate Practice
Nol Pro & STETs on Appeal. LaFavre v. State
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
Posted in - Appellate Practice, - Criminal Law, -- B.B.'s. Brief Briefs, ---- Paul Notarianni Tagged 12-401, Appeal, bring back, charges, De Novo, LaFaivre v. State, Maryland, md, Nol Pro, nolle prosequi, NP, NPed, Pinkett v. State, Stet Comments Off on Nol Pro & STETs on Appeal. LaFavre v. State
Failure to Grant a Jury Instruction
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
Posted in - Appellate Practice, - Criminal Law, - Jury Instructions, ---- Paul Notarianni Tagged (1997) Dykes v. State, 104 Md. App. 655 (1995) Maryland Rule 4-325 McMillan v. State, 118 Md. App. 360, 297 Md. 660 (1983) Thompson v. State, 319 Md. 206 (1990) Ellison v. State, 348 Md. 19 (1997), 393 Md. 291 (2006) Ware v. State, 428 Md. 333 (2012) MPJI CR 5.03 CMT Sigma Reproductive Health Ctr. V. State, Dishman v. State Comments Off on Failure to Grant a Jury Instruction
Voluntariness of Guilty Plea
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
Posted in - Appellate Practice, - Criminal Law, - Plea Agreements, ---- Paul Notarianni Tagged 278 Md. 103, 289 Md. 267, 395 U.S. 238, Application for Leave to Appeal, Boykin v. Alabama, Davis v. State, State v. Priett, Voluntariness of Guilty Plea Comments Off on Voluntariness of Guilty Plea
“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 Appeal, appeal ignored, court refuses to honor appeal, criminal practice, denied, District court, filing appeal, Maryland, notice of appeal, stricken, wrongly denied, wrongly dismissed Comments Off on “The Court Refuses to Honor my Appeal. What do I do now ?!?!”
Interlocutory Criminal Appeal: Denied Motion to Enforce Plea Agreement
This is a sample motion for an interlocutory appeal in a criminal case arising from a denied motion to enforce a plea agreement. It was drafted by Paul J. Notarianni. NOTICE OF APPEAL COMES NOW: The above captioned … Continue reading
Posted in - Appellate Practice, - Criminal Law, - Plea Agreements, ---- Paul Notarianni Tagged Appeal, Criminal, Interlocutory, Maryland, plea agreement, Western Maryland Advocate Comments Off on Interlocutory Criminal Appeal: Denied Motion to Enforce Plea Agreement