Categories
- – 4th Amendment
- – Appellate Practice
- – Assault & Affray
- – Bail
- – Criminal Law
- – Ethics
- – Evidence
- – HG 8-505 & Sentencing
- – Jury Instructions
- – Notes and Forms
- – Plea Agreements
- – Pretrial
- – Public Interest
- – Traffic Offenses
- — B.B.'s. Brief Briefs
- — The Western Maryland Law Journal
- —- James Malone
- —- Michael Stankan
- —- Paul Notarianni
-
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
DWS Mens Rea. State v. McCallum.
Brief Brief: State v. McCallum 321 Md. 451 1990 Issue: Mens Rea for driving while suspended. QUOTES: “if the State offers the record at any subsequent trial and there is an objection, the court should redact all portions of McCallum’s motor … Continue reading
Posted in - Criminal Law, - Traffic Offenses, -- B.B.'s. Brief Briefs
Comments Off on DWS Mens Rea. State v. McCallum.
Considering Other Pending Cases at Bail. Bigley v. Warden of Maryland Correctional Facility for Women.
Brief Brief: Bigley v. Warden of Maryland Correctional Facility for Women, 16 Md. App. 1 (1972) Issue: Courts taking into consideration other pending criminal cases while affixing bail in another. Procedural Posture: Case was a Habeas Petition out of the … Continue reading
Posted in - Bail, - Criminal Law, -- B.B.'s. Brief Briefs
Comments Off on Considering Other Pending Cases at Bail. Bigley v. Warden of Maryland Correctional Facility for Women.
Spreadsheets = Hearsay. Davies v State.
Brief Brief: Davies v State 198 Md App 400 (2010) MD Rule 5-1006 Issue: If a party seeks to present voluminous data in a more convenient form for trial (in this case, a spreadsheet of stolen property); it must make … Continue reading
Posted in - Criminal Law, - Evidence, -- B.B.'s. Brief Briefs
Tagged ---- Paul Notarianni, Hearsay, MD Rule 5-1006
Comments Off on Spreadsheets = Hearsay. Davies v State.
Fourth Amendment Outline
ABSTRACT: In November of 2015, Michael Stankan gave a presentation to the Western Maryland Criminal Defense Bar regarding Fourth Amendment issues in traffic stops. This is his outline of cases from that presentation. MichaelStankan4thAmendmentOutline
Posted in - 4th Amendment, - Criminal Law, - Traffic Offenses, ---- Michael Stankan
Tagged (1989) Arizona v. Gant, (1997) McCain v. State, (1997) Whitman v. State, (2001) Illinois v. Caballes, (2001) Wilson v. State, (2002) Hardy v. State, (2006) State v. Smith, (2007) Briscoe v. State, (2007) Maryland v. Pringle, (2007) Pennsylvania v. Mimms, (2010) Farewell v. State, (2010) Muse v. State, (2014) Conboy v. State, 101 Md. App. 395 (1994) Collins v. State, 116 Md. App. 497, 118 Md. App. 317 (1997) White v. State, 121 Md. App. 345 (1998) Herbet v. State, 132 Md. App. 598 (2000) Chase v. State 224 Md. App. 631 (2015) Chimel v. California, 132 S. Ct. 945 (2012) United States v. Salvucci, 134 S. Ct. 2473 (2014) Rowe v. State, 136 Md. App. 458, 139 Md. App. 212 (2001) Kelley v. State 436 Md. 406 (2013) Lewis v. State, 140 Md. App. 696 (2001) State v. Harding 196 Md. App. 384 (2010) State v. Nieves, 143 Md. App. 155 (2002) Epps v. State, 143 Md. App. 670 (2002) Charity v. State, 146 Md. App. 327, 146 Md. App. 395 (2002) Nathan v. State, 150 Md. App. 540 (2003) Ferris v. State, 150 Md. App. 658 (2002) Wilson v. State, 152 Md. App. 1 (2003) Sinclair v. State 214 Md. App. 309 (2014), 155 Md. App. 353 (2004) Davis v. State, 17 Md. App. 376 (1973) Commonwealth v. Cruz, 170 Md. App. 211, 173 Md. App. 414 (2007) State v. Funkhouser, 174 Md. App. 434 (2007), 180 Md. App. 210 (2008) Paulino v. State, 182 Md. App. 444 (2008) Smith v. State, 184 Md. App. 535 (2009) Graham v. State, 189 Md. App. 653 (2009) Thompson v. State, 190 Md. App. 497 (2010) Jones v. State, 192 Md. App. 653 (2010) Turkes v. State, 193 Md. App. 687, 194 Md. App. 252 (2010) McDowell v. State, 195 Md. App. 695, 199 Md. App. 96 (2011) United States v. jones, 2015 WL 6112285, 2015 WL5969682 at 1 (Md. Ct. Spec. App. 2015) Minnesota v. Dickerson, 206 Md. App. 309 (2012); Aff’d, 214 Md. App. 195 (2013) State v. Green, 219 Md. App. 91 (cert denied) (2014) Sellman v. State, 25 Md App. 428 (1975) Wilkes v. State, 278 Va. 300 (2009) Whitehead v. State, 335 (355?) Md. 356 (1999) Ford v. State, 363 Md. 150 (2001) Whitehead v. Commonwealth, 363 Md. 424 (2001) Scribner v. State, 364 Md. 554, 370 Md. 648 (2002) New York v. Belton, 372 Md. 137 (2002) Stokeling v. State, 374 Md. 527 (2003) State v. Wallace, 375 Md. 595 (2003) State v. Mason, 383 Md. 573 (2004) State v. Ofori, 391 Md. 462 (2006) Carter v. State, 395 U.S. 752 (1969) Collin v. State, 398 Md. 349, 399 Md. 341, 407 Md. 327 (2009) Miles v. State, 411 Md. 104 ( Brendlin v. California, 422 Md. 384 (2011) Byndloss v. State, 434 U.S. 106 (1977) Ray v. State, 435 Md. 1 (2013) Riley v. California, 441 U.S. 520 (1979) Belote v. State, 444 Md. 16 (2015) Smith v. State, 448 U.S. 83 Wiegmann v. State, 453 U.S. 454 (1981) Ott v. State 325 Md. 206 (1973) Padilla v. State, 459 Mass. 459 (2011) Commonwealth v. Daniel, 464 Mass 745 (2013). Commonwealth v. Overmyer, 469 Mass. 16, 496 U.S. 325 (1990) Anderson v. State, 508 U.S. 366 (1993) Moore v. State, 519 U.S. 408, 540 U.S. 366 (2003) Maryland v. Wilson, 543 U.S. 405 (2005) Jackson v. State, 551 U.S. 249, 556 U.S. 332 (2009) Bell v. Wolfish, 78 Md. App. 471, Alabama v. White, at 2 (Md. Ct. Spec. App. 2015) Edwards v. State, No 1456 Sept Term 2014, no. 1951 Sept. Term 2013
Comments Off on Fourth Amendment Outline
Cross-Reference of Maryland Traffic Offenses
Article by Paul J. Notarianni ABSTRACT: This piece is a cross-reference of Maryland traffic offenses. It lists most offenses under the Maryland Transportation Article which carry a potential jail sentence, the number of points assessed by the MVA upon conviction, and … Continue reading
Posted in - Criminal Law, - Traffic Offenses, ---- Paul Notarianni
Tagged ---- Paul Notarianni, Criminal defense, Maryland Transportation Article, MVA, Points, Traffic
Comments Off on Cross-Reference of Maryland Traffic Offenses
The Justice Reinvestment Act’s Impact on 8-505
ABSTRACT: The 2016 Justice Reinvestment Act includes some drastic changes to Health General Sections 8-505 and 8-507. This article is a supplement piece to a prior article on Health General Relief. It highlights the portions of the Justice Reinvestment … Continue reading
Posted in - Criminal Law, - HG 8-505 & Sentencing, - Notes and Forms, ---- Paul Notarianni
Tagged ---- Paul Notarianni, 8-505, 8-507, ADAA Justice Services/Office of Forensics Services, Criminal defense, Department of Health and Mental Hygiene, District court, Drug Treatment, Health General, Justice Reinvestment Act, Maryland
Comments Off on The Justice Reinvestment Act’s Impact on 8-505
Defense Access to Police Personnel File
Article by Paul J. Notarianni ABSTRACT: The following is a sample argument for defense access to a police officer’s personnel file, based on misconduct. In a proper context, a litigator might make a similar argument to access records in a … Continue reading
Posted in - Criminal Law, ---- Paul Notarianni
Tagged - Criminal Law, 298 Md. 173, 326 Md. 54, 81-87 (1992), 337 Md. 112, 354 Md. 287, 376 Md. 661, 415 U.S. 308, Article 21, Clayton Colkley v. Maryland, Court of Appeals, Cox v. State, Darnell Fields v. Maryland, Davis v. Alaska, Discovery, Goldsmith v. State, Maryland, Maryland Rule 5-608, Motion for Tangible Evidenc, Notarianni, Pantazes v. State, Paul, Police Officer, Robinson v. State, Sixth Amendment, The Maryland Advocate, Zaal, Zaal v. State
Comments Off on Defense Access to Police Personnel File
Notes and Forms: Health General Sections 8-505; 8-506; and 8-507
Notes and Forms Article by Paul J. Notarianni ABSTRACT: In a criminal matter, a sentencing judge has the power to order a defendant into the custody of the Department of Health and Mental Hygiene to receive substance abuse treatment, rather … Continue reading
Posted in - Criminal Law, - HG 8-505 & Sentencing, - Notes and Forms, ---- Paul Notarianni
Tagged ---- Paul Notarianni, 8-505, 8-506, 8-507, ADAA, ADAA Justice Services/Office of Forensics Services, Circuit Court, DC/CR 101, DC/CR 101, DC/CR 102, DC/CR 103, DC/CR 104, DC/CR 105, and DC/CR 109, DC/CR 102, DC/CR 104, DC/CR 105, DC/CR 109, Department of Health and Mental Hygiene, District court, Drug Treatment, Forms, Health General, Howsare v. Maryland, Maryland Law, Maryland Rule 4-345, Office of Forensic Services, Petition for Contempt, Sentence Modifcation, Sentence Modification, Substance Abuse
Comments Off on Notes and Forms: Health General Sections 8-505; 8-506; and 8-507
Intro to Death Penalty Voir Dire
Article by James E. Malone. ABSTRACT: “Death is different . . . because of the irrevocable nature of the penalty…” In Intro to Death Penalty Voir Dire, James Malone gives a comprehensive review of Supreme Court rulings shaping jury selection … Continue reading
Posted in - Criminal Law, ---- James Malone
Tagged ---- James Malone, Adams v. Texas, Boulden v. Holman, Buchanan v. Kentucky, Bumper v. California, Bumper v. North Carolina, Capital Punishment, Castenida v, Partida, Darden v, Illinois, Death Penalty, Duren v. Missouri, Grandison v. State, Gray v. Mississippi, Jury Selection, Lockett v. Ohio, Lockhart v. McCree, Maryland Advocate, MAV2Beta, Maxwell v. Bishop, Morgan v. Illinois, Peters v. Kiff, Ross v. Oklahoma, Supreme Court, Tex. Penal Code Ann. Sec. 12.31 (1974), Untreinor v. State, Uttecht v. Brown, Voir Dire, Wainright v. Witt, Western Maryland Advocate, Witherspoon v. Illinois, Wooten-Bey v. State
Comments Off on Intro to Death Penalty Voir Dire
Notes and Forms: Defending School Truancy Cases in the District Court of Maryland
Notes and Forms article by Paul J. Notarianni. ABSTRACT: This article is a collection of notes and draft forms regarding criminal defense of charges brought against parents for compulsory school attendance violations (Maryland Education Article 7-301) Some of the more … Continue reading
Posted in - Criminal Law, - Notes and Forms, ---- Paul Notarianni
Tagged ---- Paul Notarianni, 5-1006, 7-301, Attorney, Compulsory school attendance, Constitutional basis for jury trial, Criminal defense, Defending School Truancy Cases in the District Court of Maryland, District court, Failure to send Child to School, Geographic discrimination, Jury trial, Law Review, Lawyer, Maryland, Maryland Advocate Version 2.0 Beta, Maryland Education Article, Maryland student Records Manual, Motion for tangible evidence prior to trial, Motion for Tangible Evidence Prior to Trial in District Court, Rule 5-1006, School attendance, Spreadsheet, Territorial Equal Protection, Western Maryland Advocate, Writ of certiorari
Comments Off on Notes and Forms: Defending School Truancy Cases in the District Court of Maryland
The Western Maryland Advocate 