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

Notable Cases – 2012

Below are the notable cases from 2012 in Maryland criminal law.  Criminal defense clients, click here.  For criminal defense attorneys seeking to refer cases for appeal, please click here.

  • Abdul-Maleek v. State

    Abdul-Maleek v. State, 426 Md. 59 (2012) Procedural History: Defendant appealed District Court judgment convicting defendant of theft. Following a jury trial, defendant was convicted in the Circuit Court of theft and received sentence that exceeded length of sentence imposed by District Court. Defendant filed petition for writ of certiorari which the Court of Appeals […]

  • Alston v. State

    Alston v. State Procedural History: Defendant was charged with first degree murder, second degree murder, conspiracy to murder, use of a handgun in the commission of a felony or crime of violence, and wearing, carrying or transporting a handgun.  The trial court belatedly administered the oath to the jury and determined that none of the […]

  • Bazzle v. State

    Case brief from Byron Warnken, criminal lawyer. Procedural History:             Defendant was convicted at trial of attempted second degree murder, attempted armed carjacking, and first-degree assault.  Defendant appealed and the Court of Special Appeals affirmed.  Defendant filed a petition for writ of certiorari, which the Court of Appeals granted. Issues: What is the required evidentiary […]

  • Black v. State

    Black v. State, 426 Md. 328 (2012) Procedural History:  Defendant was found guilty at trial court of various child sex abuse offenses.  Defendant appealed to the Court of Special Appeals based on a theory that the trial court failed to disclose jury note as required when there is communication between jurors and the court.  The […]

  • Carroll v. State – Beyond a Reasonable Doubt

    In Carroll v. State, 428 Md. 679, 53 A.3d 1159, 1161 (2012), the Defendant was convicted of attempted robbery, conspiracy to commit armed robbery, and related counts.  During the jury instruction phase of the trial, defense counsel requested that the trial court supplement the Maryland Pattern Jury Instruction on reasonable doubt (MPJI-Cr 2:02), by adding […]

  • McMillan v. State – Duress

    McMillan v. State, 428 Md. 333 (2012) Felony Murder Duress as a Defense to the Underlying Felony Elements of a Duress Defense In McMillan v. State, 428 Md. 33, 338 (2012), the Defendant was on trial for murder and he presented a defense that his participation in the crime was coerced.  The trial court refused […]

  • Reid v. State – Fourth Amendment and Stun Gun

    Fourth Amendment – Seizures & De Facto Arrest – Use of a Stun Gun In Reid v. State, 428 Md. 289, 292 (2012), the Defendant was convicted on an agreed statement of facts of wearing, carrying, or transporting a handgun and of being in possession of a handgun after conviction of a disqualifying offense.  According […]

  • Thomas v. State – Miranda and Confessions

    In Thomas v. State, the Defendant was suspected of sexually abusing his step-daughter and at the request of the police, travelled to the police station to speak with officers about the suspected crime.  While en route to the police station, the Defendant’s wife spoke with him via telephone and informed him that he was going to […]

  • Yates v. State

    Yates v. State, — A.3d — (2012), 2012 WL 5200051 Procedural History: Defendant was convicted in trial court of second degree felony murder, use of a handgun in the commission of a crime of violence, use of the handgun in the commission of a felony, drug trafficking with a firearm, distribution of marijuana, and other […]