Category Archives: – Jury Instructions

Failure to Grant a Jury Instruction

This is an excerpt from a petition for writ of certiorari.  It was drafted by Paul J. Notarianni in 2016. ISSUE PRESENTED Did the Trial Court commit reversible error when it made a finding that necessity was a valid defense, … Continue reading

Posted in - Appellate Practice, - Criminal Law, - Jury Instructions, ---- Paul Notarianni | Tagged , , , , , , , ,

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

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

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