Categories
- – 4th Amendment
- – Appellate Practice
- – Assault & Affray
- – Bail
- – Criminal Law
- – Ethics
- – Evidence
- – HG 8-505 & Sentencing
- – Jury Instructions
- – Notes and Forms
- – Plea Agreements
- – Pretrial
- – Public Interest
- – Traffic Offenses
- — B.B.'s. Brief Briefs
- — The Western Maryland Law Journal
- —- James Malone
- —- Michael Stankan
- —- Paul Notarianni
-
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)
- 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
- 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
Category Archives: — B.B.’s. Brief Briefs
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
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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
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Never Having a License as Defense to DWS/DWR. State v. Sullivan
Brief Brief. State v. Sullivan, 407 Md. 493 (2009) Holding: “The Court of Appeals, Greene, J., held that defendant did not have a “privilege to drive” in Maryland that could be “revoked,” and thus defendant could not be convicted of … Continue reading
Posted in - Criminal Law, - Traffic Offenses, -- B.B.'s. Brief Briefs, ---- Paul Notarianni
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Mistake of Fact Jury Instruction. General v. State
Brief Brief General v. State, 367 Md. 475 (2002). Issue: Mistake of Fact is a recognized defense and, when generated, must be presented to the jury. Background: Defendant was convicted of failure to remain at the scene of an accident … Continue reading
Posted in - Criminal Law, - Jury Instructions, -- B.B.'s. Brief Briefs, ---- Paul Notarianni
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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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