Category Archives: — B.B.’s. Brief Briefs

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

Pickpocket v. Robbery. Cooper v. State.

Brief Brief.  Cooper v. State,9 Md. App. 478 (1970). ISSUE:  Pickpocket v. Robbery QUOTE: “Robbery, a common law crime in Maryland, is larceny from the person accompanied by violence or putting in fear.  The violence may be actual as by … Continue reading

Posted in - Assault & Affray, - Criminal Law, -- B.B.'s. Brief Briefs | Tagged , ,

K-9 Alert Not Sufficient to Search Occupants. State v. Wallace.

Brief Brief.  State v. Wallace, 372 Md. 137 (2002). QUOTE:  “A canine alert on the exterior of a vehicle does not support the proposition that the drugs potentially in the car are concealed on a particular occupant of that vehicle.  … Continue reading

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

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

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

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, - Traffic Offenses, -- B.B.'s. Brief Briefs