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Tag Archives: – Criminal Law
The following was taken from a motion to suppress identification. The original was drafted by Paul J. Notarianni in 2015. The Defendant offers the following argument as to suppression of the identification. A Defendant in a criminal matter is protected … Continue reading
Posted in - Criminal Law, - Pretrial Tagged - Criminal Law, Identification, Line up, Maryland, Suppress Comments Off on Suppress Identification
Quick Reference of Impeachable Offenses
Quick Reference of Impeachable Offenses Note: This list is not all inclusive. The list incorporates selected items (indicated by “*”) from A Reference Chart of Impeachable and Non-Impeachable Offenses. (The Western Maryland Law Journal, Vol. 1. No. 1. 1998, page 66 … Continue reading
Posted in - Criminal Law, - Evidence, ---- Paul Notarianni Tagged - Criminal Law, - Evidence, crimes, Impeachment, Maryland, quick reference Leave a comment
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
Posted in - Criminal Law, - HG 8-505 & Sentencing, - Plea Agreements, ---- Paul Notarianni Tagged - Criminal Law, 335 Md. 161, 416 Md. 568, 443 Md. 1, binding, binding v. non-binding, Bonilla v. State, Chertkov v. State, Cuffley v. State, Maryland, Maryland Rule 4-243, non-binding, plea agreement, Sentence Modification, State v. Smith Comments Off on Plea Agreement: Binding v. Non-Binding
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 Comments Off on Enforcement of Plea Agreement: “But I did what they told me to do…”
Defense Access to Police Personnel File
Article by Paul J. Notarianni ABSTRACT: The following is a sample argument for defense access to a police officer’s personnel file, based on misconduct. In a proper context, a litigator might make a similar argument to access records in a … Continue reading
Posted in - Criminal Law, ---- Paul Notarianni Tagged - Criminal Law, 298 Md. 173, 326 Md. 54, 81-87 (1992), 337 Md. 112, 354 Md. 287, 376 Md. 661, 415 U.S. 308, Article 21, Clayton Colkley v. Maryland, Court of Appeals, Cox v. State, Darnell Fields v. Maryland, Davis v. Alaska, Discovery, Goldsmith v. State, Maryland, Maryland Rule 5-608, Motion for Tangible Evidenc, Notarianni, Pantazes v. State, Paul, Police Officer, Robinson v. State, Sixth Amendment, The Maryland Advocate, Zaal, Zaal v. State Comments Off on Defense Access to Police Personnel File