Categories
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- — B.B.'s. Brief Briefs
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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)
- 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: – Criminal Law
Invocation of Counsel
The following was taken from a motion in limine. It was drafted by Paul J. Notarianni. Evidence of an accused’s intent to obtain counsel is inadmissible. In Casey v. State, the Maryland Court of Special Appeals held that the issue … Continue reading
Posted in - Criminal Law, - Evidence, ---- Paul Notarianni
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Lay Opinion; Moreland v. State.
The following was taken from a motion in Limine. It was drafted by Paul J. Notarianni. Permissible lay opinion testimony generally falls into one of two categories. (Moreland v. State, 207 Md. App. 563, 571 (2012) citing Washington v. State, … Continue reading
Posted in - Criminal Law, - Evidence, ---- Paul Notarianni
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License Plate Lamp and 4th Amendment.
The following was from a motion to suppress based on a traffic stop for a tail lamp. Drafted by Paul J. Notarianni. “The Supreme Court has made clear that a traffic stop involving a motorist is a detention which implicates … Continue reading
Posted in - 4th Amendment, - Criminal Law, - Traffic Offenses, ---- Paul Notarianni
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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
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Violation of Probation: Motion to Dismiss for Violation of MD Rule 4-347 (a)
Below is an excerpt for a motion to dismiss a petition to violate probation on the basis for failing to articulate the nature of the violation. It was drafted by Paul J. Notarianni in 2019. Maryland Rule 4-347 (a) states, … Continue reading
Posted in - Criminal Law, ---- Paul Notarianni
Tagged 4-347, failure to state a claim, Motion to dismiss, violation of probation
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Md Crim. Pro Section 5-213.1 Violation of Pre-Trial Release Conditions
Maryland Criminal Procedure Section 5-213.1 criminalizes certain violations of pre-trial release conditions. Below are two sample defense arguments for these types of cases. One is a multiplicity argument, in the event the State seeks multiple counts for violation of the … Continue reading
Posted in - Criminal Law, - Pretrial, ---- Paul Notarianni
Tagged (1998), 311 Md. 426, 4-509, 432, 441 Md. 673, 5-213.1, Bell v. U.S., Brown v. State, Ebeling v. Morgan, Ladner v. U.S., lenity, Maryland Criminal Procedure Section 5-213.1, Maryland Family Law Section 4-509, Multiplicity, no contact, Oglesby v. State, Pre-Trial, pretrial release, U.S. v. Universal C.I.T, violation of pre-trial release
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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 Cooper v. State, Pickpocket, Robbery
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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
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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
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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
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The Western Maryland Advocate 