Category Archives: – Evidence

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

Other Crimes Evidence and Witnesses. Sessoms v. State.

Brief Brief. Sessoms v. State, 357 Md. 274 (2000). Issue: The test for admitting other crimes evidence, under Maryland Rule 5-404,  does not apply to other crimes or wrongs committed by anyone other than defendant. Quote: “We hold that the … Continue reading

Posted in - Evidence, -- B.B.'s. Brief Briefs

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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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

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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

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