Category Archives: – HG 8-505 & Sentencing

Victim Impact Statement. Ball v. State

Brief Brief.  Ball v. State, 347 Md. 156 (1997) Issue:  Victim impact statements and their limits. Quotes:  “The impact of a crime on a victim or the victim’s family is both relevant and probative. (citing Evans v. State, 333 Md. … Continue reading

Posted in - Criminal Law, - HG 8-505 & Sentencing, -- B.B.'s. Brief Briefs

Plea Agreement: Binding v. Non-Binding

Plea Agreement:  Binding v. Non-Binding Defense counsel is in District Court with client charged with theft under $100.00.  Defense counsel asks the assigned State’s Attorney for a plea offer.  The State’s Attorney responds “If your client pleads guilty to theft … Continue reading

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Illegal Deferred Sentence. Montgomery v. State.

Brief Brief: Montgomery v State 405 Md 67 (2007) Issue: Illegal Deferred Sentence Facts:  The defendant was convicted “of violating the conditions of a previously imposed period of probation. The court sentenced Montgomery to ten years imprisonment for the violation, … Continue reading

Posted in - Criminal Law, - HG 8-505 & Sentencing, -- B.B.'s. Brief Briefs

PBJ and Subsequent Offender Status

Below is an argument to prevent the State from seeking subsequent offender status for a defendant whose past matter resulted in a probation before judgment.   It was drafted by Paul J. Notarianni. Argument         The Defendant in this … Continue reading

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De Novo Sentencing Motions

Article by Paul J. Notarianni Abstract:  If at first you don’t succeed, appeal, and try again.  If your client is convicted again, you may need these motions for sentencing. Defense Sentencing Motions After Conviction on de novo Appeal

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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

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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

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