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IN THE DISTRICT COURT OF MARYLAND FOR HOWARD COUNTY

STATE OF MARYLAND :

vs. :
Case No: 27H0AWT
27G0AWT

Luis Salvador Hernandez :

DEFENDANT'S OMNIBUS MOTION UNDER RULE 4-251 AND 4-262

The defendant, by her undersigned counsel, hereby makes the following omnibus motion
pursuant to Rule 4-251 and 4-262:

I. DEFENDANTS DISCOVERY REQUEST


The Defendant, pursuant to Maryland Rule 4-262, requests the following:
A. That the States Attorney furnish to him any material or information that tends to
negate or mitigate the guilt or punishment of the Defendant as to the offense
charged.
B. Defendant requests that the States Attorney permit his counsel to inspect and copy
1. Any portion of a document containing a statement or containing the
substance of a statement made by the Defendant to a State agent that the
State intends to use at a hearing, other than a preliminary hearing, or trial,
and
2. Each written report or statement made by an expert whom the State expects
to call as a witness at a hearing, other than a preliminary hearing or trial.
iii. The State provide all names, addresses and phone numbers of any and all
witnesses in which they intend to call at the time of trial for their case in
chief.
iv. Evidence for use at trial. Opportunity to inspect, copy, and photograph all
documents, computer-generated evidence, recordings, or other tangible
things that the States Attorney intends to use at a hearing or trial.

II. MOTION TO SUPPRESS EVIDENCE


Defendant, hereby moves to suppress the following evidence:
A. Any and all extra-judicial and in-court identification evidence and testimony
concerning defendant's person, voice and tangible evidence.
B. Any and all statements, admissions and/or confessions made by the Defendant.
B. Any and all evidence obtained from searches and seizures by any State Agent.
D. Any and all evidence obtained from wire communications.
E. Any and all other evidence directly or indirectly resulting obtained from a illegal
arrest or search and seizure.

III. MOTION TO DISMISS CHARGING DOCUMENT


Defendant hereby moves to dismiss the charging document because it violates the
requirements of the Maryland Rules, the common law and State and Federal due process of
law.
IV. DEMAND FOR PRESENCE OF CHEMIST
Demand is made in accordance with CJ Section 10-1003 that the State's Attorney produce
at trial as a prosecution witness the chemist, technician or other person who analyzed any
substance alleged by the prosecution to be a controlled dangerous substance, including any
substance used as a standard of comparison. Additionally, demand is made for the presence
at trial as prosecution witnesses all persons who had possession or custody of any of these
alleged controlled dangerous substances, including any substance used as a standard of
comparison.

V. DEMAND FOR PRESENCE OF BREATHALYZER TECHNICIAN


Demand is made in accordance with CJ Section 10-306 that the State's Attorney produce at
trial as prosecution witnesses all persons involved in the administering of the breathalyzer
or blood test, if any, in this case.

VI. MOTION FOR SPEEDY TRIAL


Defendant hereby moves for a speedy trial and consents to no postponements or delays
whatsoever in this case unless he or his attorney personally so states on the record in open
court or by way of pleading filed with the Court.

Nataly C. Mendocilla, Esq.


Mendocilla Law Firm
Attorney for Defendant
14766 Main ST
Upper Marlboro, Maryland 20772
301-627-4737

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this ____ day of _____________, 2016, a copy of the
foregoing Omnibus Motion was mailed, postage prepaid, to the States Attorneys Office for
Howard County, 3450 Courthouse Drive, Ellicott City, Maryland 21043.

Nataly C. Mendocilla, Esq.

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