Category Archives: – Criminal Law

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

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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

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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

Petition to Return Seized Animal

Petition Pursuant to Criminal Law Section 10-615: Return of Animals Below is a redacted section from a motion to return animals when they are seized pursuant to a criminal charge.  It was drafted by Paul J. Notarianni in 2015. NOW … Continue reading

Posted in - Criminal Law, - Notes and Forms, - Pretrial

Suppress Identification

The following was taken from a motion to suppress identification.  The original was drafted by Paul J. Notarianni in 2015. The Defendant offers the following argument as to suppression of the identification.   A Defendant in a criminal matter is protected … Continue reading

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Quick Reference of Impeachable Offenses

Quick Reference of Impeachable Offenses Note:  This list is not all inclusive.  The list incorporates selected items (indicated by “*”) from A Reference Chart of Impeachable and Non-Impeachable Offenses. (The Western Maryland Law Journal, Vol. 1. No. 1. 1998, page 66 … Continue reading

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Motion to Dismiss Due to Speedy Trial

Motion to Dismiss Due to Speedy Trial Below is a redacted argument section from a motion to dismiss due to Speedy Trial.  It was drafted in 2014 by Paul J. Notarianni. Argument The charging document in this matter ought to … Continue reading

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