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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: – 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
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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
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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
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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
Posted in - Criminal Law, - Evidence, ---- Paul Notarianni
Tagged - Criminal Law, - Evidence, crimes, Impeachment, Maryland, quick reference
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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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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
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The Western Maryland Advocate 