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Archives : Criminal Law

The Elements of the Offenses in the Charges Against the Officers in Freddie Gray’s Death

Second degree depraved heart murder is killing a person when exercising an extreme disregard for human life, also known as a wanton and willful disregard for human life.  (30-year felony) Involuntary manslaughter is killing a person when exercising a wanton and reckless disregard for human life.  (10-year felony) Second degree assault is causing offense contact […]

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Raynor v. Maryland – An Update and the Cert Petition

The cert petition in Raynor v. Maryland was filed yesterday. The question presented is: “Whether the Fourth Amendment is implicated when law enforcement surreptitiously analyzes a free citizen’s involuntarily shed DNA profile.” The Raynor v. Maryland Cert Petition can be found and downloaded here.  

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Published Opinion Win in Fourth Circuit

This past week saw a Warnken, LLC win in the Fourth Circuit.  The opinion can be found here. The appeal came from a criminal case out of the United States District Court in Greenbelt.  The opinion was unanimous. The win came in the first argument before the Court for Byron B. Warnken.

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Serial: Reflections on the Case and Cristina Gutierrez from her Old Professor

Episode 10 of Serial references a conversation with me. Ron Whitman is presented as the father of another client of attorney Cristina (“Tina”) Gutierrez. According to the podcast, Tina was working on his case at the same time she was working on Adnan’s case. Gutierrez alleged to have brought me in on the case. Whitman […]

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Reasonable Expectation of Privacy and DNA

“The Majority’s holding means that a person can no longer vote, participate in a jury, or obtain a driver’s license, without opening up his genetic material for state collection and codification. Unlike DNA left in the park or a restaurant, these are all instances where the person has identified himself to the government authority. All […]

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Raynor v. State – Court of Appeals

The Raynor argument is today, April 8. Issues – Criminal Law (1) Whether, under the Fourth Amendment & Art. 26 of the Md. Declaration of Rights, a citizen maintains an objectively reasonable expectation of privacy in the DNA found in genetic material involuntarily and knowingly deposited through ordinary biological processes? (2) Whether, under the Fourth […]

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Did Ray Rice Commit a Crime?

UPDATE on 9/8/14:  Obviously Ray Rice committed a crime.  Not only is the evidence out there, but he has actually pleaded guilty to the offense.  As of 40 minutes ago, he is no longer a Raven.  As of 15 minutes ago, he is indefinitely suspended from NFL football.   The league really screwed this up. […]

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King – Maryland and the Supreme Court – Part 2

On Monday, on this blog, I published the first part of a section of an article for the Maryland Association for Justice’s Trial Reporter magazine.  The first part dealt with the King case in the context of Maryland’s Court of Appeals.  The second part deals with King in the context of the Supreme Court of […]

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King – Maryland and the Supreme Court – Part 1

This is the first of two parts published on www.warnkenlaw.com this week.  Together, they make up one section of an article to be published in the Maryland Association of Justice’s Trial Reporter Magazine.  To the read the whole article, subscribe to the MAJ. King in Maryland and the Supreme Court King v. State, 425 Md. […]

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Maryland Criminal Procedure Launch Press Release

Have an early look at the Press Release: Baltimore, MD  October 22, 2013  For Immediate Release Three-volume Maryland Criminal Procedure by Professor Byron Warnken released to rave reviews More than 30 years of work is now available as a comprehensive three-volume treatise.  Available on Amazon.com After more than thirty years of work, Professor Byron L. […]

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