Warnken, LLC Attorneys at Law, Attorneys & Lawyers, Pikesville, MD

Notable Cases – 2010

2010 Maryland criminal cases from Byron Warnken, Baltimore criminal defense lawyer and full-time Professor of criminal law and constitutional criminal procedure at U of Baltimore School of Law.

  • Adams v. State

    Adams v. State, 415 Md. 585 (September 3, 2010) Defendant was charged with possession and distribution of cocaine after she sold cocaine to an undercover police officer.  The transaction was recorded by a hidden camera, but because the Defendant never went to the passenger side of the officer’s car, where the camera was pointing, the […]

  • Agurs v. State

    Agurs v. State, 415 Md. 62 (2010). The police asserted the following facts as the basis for the warrant to search Defendant’s home and vehicles: (1) under police supervision, an informant made two crack cocaine purchases from Defendant’s alleged associate; (2) police saw Defendant and another unknown man enter a clothing store for approximately a […]

  • Baines v. State – Plea Agreements and Sentencing Guidelines

    Baines v. State, 416 Md. 604 (October 28, 2010). This appeal concerns whether a judge who agrees to be bound to the terms of a plea agreement that calls for a sentence “within the guidelines” may impose a “split sentence” that exceeds the guidelines and suspends all but the part of the sentence that falls […]

  • Bishop v. State

    Petitioner, found guilty of sexual abuse of a minor after entering in to an agreement entitled “PLEA BARGAIN; EXPLANATION OF AND ACKNOWLEDGMENT OF RIGHTS * * * NOT GUILTY, AGREED STATEMENT OF FACTS PLEA,” with the State (Respondent). During the judicial proceeding that followed the state presented Defendant’s confession, which was later suppressed by the […]

  • Bomas v. State – Eyewitness Identification

    Bomas v. State, 412 Md. 392 (2010). Evidence—Expert Testimony & Eyewitness Identification: Petitioner was tried and convicted in the Circuit Court for Baltimore City of second-degree murder and use of a handgun in a crime of violence.  Petitioner’s conviction was based chiefly on an identification made by an eyewitness.  The COA granted the Petitioner’s request for […]

  • Boulden v. State

    Petitioner was convicted on charges of child abuse and second degree assault.  At the closing of the State’s case, the Court discussed Petitioner’s ability to exercise her Sixth Amendment right to a jury trial.  In response to the Court’s assertion that a waiver of that right had not yet appeared on record, Petitioner affirmed that […]

  • Calloway v. State – Witness Testifying Against ME!

    Calloway v. State, 414 Md. 616 (2010)  Defendant was convicted of second degree assault. The State’s evidence included the testimony of Defendant’s former cell-mate.  Prior to Defendant’s trial and realizing witness was testifying against me, the cell-mate called the PG County State’s Attorney’s Office, and offered to testify about several incriminating statements Defendant had made to […]

  • Cost v. State

    Cost v. State, 417 Md. 31 (December 17, 2010) Defendant was charged with assault in the first degree, assault in the second degree, openly wearing and carrying a deadly weapon with intent to injure, and reckless endangerment. He was convicted of reckless endangerment for an alleged stabbing attack on a fellow inmate at the Maryland […]

  • Cripino v. State – Child Sexual Abuse Case

    Cripino v. State, 417 Md. 31 (December 17, 2010) Defendant in this case petitioned the Court of Special Appeals followed by the Court of Appeals on the basis of three questions, whether French kissing falls within the parameters of the child sexual abuse statute, whether the trial court erred in its refusal to give jury […]

  • Cuffley v. State

    Cuffley v. State, 416 Md. 568 (October 28, 2010) Petitioner pled guilty to robbery pursuant to a plea agreement in which the State would recommend a sentence within the guidelines.  Together, Defense counsel and the State had determined this to be four to eight years, with sentencing deferred until the disposition of a probation violation […]

  • Donaldson v. State

    Donaldson v. State, 416 Md. 467 (2010) This matter involves two distinct issues.  First, whether there was probable cause to arrest the Defendant.  Second, whether two statements made by the prosecutor during closing arguments were improper and require a reversal of Defendant’s conviction.  The COA held that there was probable cause for the arrest but […]

  • Henderson v. State

    Henderson v. State, 416 Md. 125(2010) Defendant in this matter was convicted of possession of a controlled dangerous substance with the intent to distribute and possession of a firearm in connection with a drug trafficking crime. The State’s evidence in that matter was seized during a warrantless search of Defendant’s person and his mother’s automobile. […]

  • Padilla v. Kentucky

    The Sixth Amendment of the United States Constitution,[1] among other things, guarantees US citizens the right to effective assistance of counsel in criminal proceedings. That through time has been made clear. What has not been made clear however, is whether that right or any of the rights in our constitution for that matter, extend to […]

  • Thompson v. State

    Thompson v. State, 412 Md. 497 (2010).   Petitioner, Karl Lymont Thompson, was convicted of second-degree rape and related offenses after a jury trial in the Circuit Court for Baltimore City. The Petitioner filed a writ of certiorari arguing that he is entitled to a new trial on the ground that the Circuit Court erred […]