Tag Archives: Maryland

Nol Pro & STETs on Appeal. LaFavre v. State

Brief Brief: LaFaivre v. State, 338 Md. 151 (1994). ISSUE:  Resurrection of charges nolle prosequi and STET on trial de novo. QUOTE 1:  “This case involves some basics of criminal procedure. The petitioner was prosecuted in the District Court of … Continue reading

Posted in - Appellate Practice, - Criminal Law, -- B.B.'s. Brief Briefs, ---- Paul Notarianni | Tagged , , , , , , , , , , , , ,

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 , , , ,

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

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Motion to Dismiss Due to Speedy Trial

  Motion to Dismiss Due to Speedy Trial Below is a redacted argument section from a motion to dismiss due to Speedy Trial.  It was drafted in 2014 by Paul J. Notarianni. Argument The charging document in this matter ought … Continue reading

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

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

“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

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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

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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

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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

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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

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