Categories
- – 4th Amendment
- – Appellate Practice
- – Assault & Affray
- – Bail
- – Criminal Law
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- – HG 8-505 & Sentencing
- – Jury Instructions
- – Notes and Forms
- – Plea Agreements
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- – Traffic Offenses
- — B.B.'s. Brief Briefs
- — The Western Maryland Law Journal
- —- James Malone
- —- Michael Stankan
- —- Paul Notarianni
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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)
- 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
Interlocutory Criminal Appeal: Denied Motion to Enforce Plea Agreement
This is a sample motion for an interlocutory appeal in a criminal case arising from a denied motion to enforce a plea agreement. It was drafted by Paul J. Notarianni. NOTICE OF APPEAL COMES NOW: The above captioned … Continue reading
Posted in - Appellate Practice, - Criminal Law, - Plea Agreements, ---- Paul Notarianni
Tagged Appeal, Criminal, Interlocutory, Maryland, plea agreement, Western Maryland Advocate
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Enforcement of Plea Agreement: “But I did what they told me to do…”
Description: Below is the argument section for a motion to enforce a plea agreement. It was drafted by Paul J. Notarianni. For this scenario, the relevant facts are as follows. A defendant was charged with a crime. At the initial … Continue reading
Posted in - Criminal Law, - Plea Agreements, ---- Paul Notarianni
Tagged - Criminal Law, 2010 Ark 77, 277 Md. 687, 404 U.S. 257, 431 U.S. 63, 48 Md. App. 219, 52 Md. App. 440, 55 Md. App. 409, 594 F.2d 12, 98 Md. App. 649, Blackledge v. Allision, breach, butler v. state, Cooper v. United States, Courtney v. Harford County, Defense, enforcement of plea agreement, Maryland, plea agreement, Rojas v. State, Santobello v. New York, State v. Brockman, State v. Johns, State v. Thompson
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Proposed Jury Instructions for Motor Vehicle Offenses
TA 21-301 (a) [Drafted by Paul Notarianni, 2017] Failure to Drive Right of Center The Defendant is charged with the crime of failure to drive right of center. In order to find the Defendant guilty, the state must prove: The … Continue reading
Posted in - Criminal Law, - Jury Instructions, - Traffic Offenses, ---- Paul Notarianni
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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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Is 4th Degree Burglary Impeachable?
Short Answer: Generally, in and of itself, a prior conviction for a violation of CR 6-205 (a), (b), or (d) is not valid impeachment material. This is not the case for a conviction for CR 6-205 (c). Long Answer: … Continue reading
Posted in - Criminal Law, - Evidence
Tagged - Evidence, Burglary, Fourth degree, Impeach, Impeachment, Is 4th Degree Burglary Impeachable, Maryland
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Imperfect Self-Defense Jury Instruction
NOTE: This is a sample jury instruction for imperfect self-defense for a charge of First Degree Assault. It is a modified version of Maryland Pattern Jury Instruction Cr 5:07, Self-Defense, with additional language pursuant to Christian v. State, 405 Md. … Continue reading
Posted in - Assault & Affray, - Criminal Law, - Jury Instructions
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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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The Western Maryland Advocate 