Category Archives: — 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, -- 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

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

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

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

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 ,

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