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

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

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

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

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

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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

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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 , ,

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