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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
- 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
Tag Archives: – Criminal Law
Suppress Identification
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
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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
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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
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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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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
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The Western Maryland Advocate 