Categories
- – 4th Amendment
- – Appellate Practice
- – Assault & Affray
- – Bail
- – Criminal Law
- – Ethics
- – Evidence
- – HG 8-505 & Sentencing
- – Jury Instructions
- – Notes and Forms
- – Plea Agreements
- – Pretrial
- – Public Interest
- – Traffic Offenses
- — B.B.'s. Brief Briefs
- — The Western Maryland Law Journal
- —- James Malone
- —- Michael Stankan
- —- Paul Notarianni
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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: —- Paul Notarianni
“The Court Refuses to Honor my Appeal. What do I do now ?!?!”
Article by Paul J. Notarianni This article is a collection of forms a practitioner could use if they feel their notice of appeal was wrongly stricken. The Court Refuses to Honor my Appeal What do I do now
Posted in - Appellate Practice, - Criminal Law, - Notes and Forms, ---- Paul Notarianni
Tagged Appeal, appeal ignored, court refuses to honor appeal, criminal practice, denied, District court, filing appeal, Maryland, notice of appeal, stricken, wrongly denied, wrongly dismissed
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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
Posted in - Criminal Law, - HG 8-505 & Sentencing, ---- Paul Notarianni
Tagged Does PBJ make you a subsquent offender, Judgement, Judgment, Maryland, PBJ, Probation Before, Subsquent offender
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Interlocutory Criminal Appeal: Denied Motion to Enforce Plea Agreement
This is a sample motion for an interlocutory appeal in a criminal case arising from a denied motion to enforce a plea agreement. It was drafted by Paul J. Notarianni. NOTICE OF APPEAL COMES NOW: The above captioned … Continue reading
Posted in - Appellate Practice, - Criminal Law, - Plea Agreements, ---- Paul Notarianni
Tagged Appeal, Criminal, Interlocutory, Maryland, plea agreement, Western Maryland Advocate
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Enforcement of Plea Agreement: “But I did what they told me to do…”
Description: Below is the argument section for a motion to enforce a plea agreement. It was drafted by Paul J. Notarianni. For this scenario, the relevant facts are as follows. A defendant was charged with a crime. At the initial … Continue reading
Posted in - Criminal Law, - Plea Agreements, ---- Paul Notarianni
Tagged - Criminal Law, 2010 Ark 77, 277 Md. 687, 404 U.S. 257, 431 U.S. 63, 48 Md. App. 219, 52 Md. App. 440, 55 Md. App. 409, 594 F.2d 12, 98 Md. App. 649, Blackledge v. Allision, breach, butler v. state, Cooper v. United States, Courtney v. Harford County, Defense, enforcement of plea agreement, Maryland, plea agreement, Rojas v. State, Santobello v. New York, State v. Brockman, State v. Johns, State v. Thompson
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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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Never Having a License as Defense to DWS/DWR. State v. Sullivan
Brief Brief. State v. Sullivan, 407 Md. 493 (2009) Holding: “The Court of Appeals, Greene, J., held that defendant did not have a “privilege to drive” in Maryland that could be “revoked,” and thus defendant could not be convicted of … Continue reading
Posted in - Criminal Law, - Traffic Offenses, -- B.B.'s. Brief Briefs, ---- 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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No Declared Stingrays in Allegany County
No Declared Stingrays in Allegany County Across the United States, law enforcement agencies have being using devices, commonly called “Stingrays,” to conduct surveillance on civilian populations. These devices are purported to mimic cell phone towers to track phones and, potentially, … Continue reading
Posted in - Public Interest, ---- Paul Notarianni
Tagged ---- Paul Notarianni, Allegany, Allegany County, Andrew farrell, C3i, Cell, Cell site simulators, Chuck ternent, City, Combined Criminal Investigation, Craig Robertson, Criminal, Cumberland, Defense, Draft letter, Foia, Freedom of information act, Jon dudiak, Letter, Linda thomas, Maryland, Maryland public information act, Maryland State Police, Mpia, Narcotics Task Force, Office, Police, Sheriff, State's Attorney, Stingray, Western
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Quick Reference: Case Search Codes
This quick reference guide is to some of the most common Maryland Judiciary Case Search System abbreviations. This quick reference is not produced by or affiliated with the State of Maryland. This list is not all inclusive and there is … Continue reading
Posted in - Notes and Forms, ---- Paul Notarianni
Tagged Abbreviations, Case, Judiciary, Maryland, Search
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Maryland Authorities on Lawyers and Social Media
Article by Paul J. Notarianni Abstract: A collection of Maryland authorities on lawyers and social media. Topics include a review of discipline actions taken against Maryland lawyers for social media conduct; litany of major Maryland cases and ethics opinions on … Continue reading
Posted in - Ethics, ---- Paul Notarianni
Tagged - Ethics, 440 Md. 609, Attorney, Gjini, Maryland, Maryland Rules of Professional Conduct, Merkle, Nysba social media ethics guidelines, Social Media
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The Western Maryland Advocate 