Category Archives: —- Paul Notarianni

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 , , , , ,

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 , , , , , , , , , , , , , , , , , , , , , , ,

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

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

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

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

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District Court Basic Forms and Pleas

This piece contains some of the basics for criminal practice in the District Court of Maryland. The forms and plea litany in this document are bare bones; Entry of Appearance, Discovery, Jury Trial Prayer, Chemist Demand, Bond Review, Appeal, etc. They are … Continue reading

Posted in - Bail, - Criminal Law, - Notes and Forms, ---- Paul Notarianni | Tagged , , , , , , , , ,