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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)
- Md Crim. Pro Section 5-213.1 Violation of Pre-Trial Release Conditions
- 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
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- 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
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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 (1997) Dykes v. State, 104 Md. App. 655 (1995) Maryland Rule 4-325 McMillan v. State, 118 Md. App. 360, 297 Md. 660 (1983) Thompson v. State, 319 Md. 206 (1990) Ellison v. State, 348 Md. 19 (1997), 393 Md. 291 (2006) Ware v. State, 428 Md. 333 (2012) MPJI CR 5.03 CMT Sigma Reproductive Health Ctr. V. State, Dishman v. State
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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
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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
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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
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The Western Maryland Advocate 