Archives : Maryland Law News
Professor Byron L. Warnken and Baltimore Police Department Training
Warnken, LLC and specifically Professor Byron L. Warnken were hired by the Baltimore City State’s Attorney’s Office to train law enforcement officers on Fourth Amendment issues, obtaining and executing arrest warrants and search warrants, and testifying in court. Professor Warnken was first approached about this a few months ago, months before Freddie Gray entered the national […]
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 […]
Workers’ Compensation Statistics and Trends
Every year, the Maryland Workers’ Compensation Commission publishes an annual report. In carefully looking at the report, much can be gleaned. Workers’ Compensation Claims From 2008 to 2009, the Workers’ Compensation Commission saw a 5.9 % drop in the total number of filed claims. The total number of filed claims did not return to the […]
She’d Never File for Workers’ Compensation
A good friend of mine has told me, multiple times, that she’d never file for workers’ compensation under any circumstances. No matter what. Funny thing is, she interacts with workers’ compensation clients for a living. She goes to their homes, looks at their injuries, talks to them about their pain, hears the stories of struggle […]
It Ends with a One-Line Whimper
In Maryland, law enforcement officers can simply follow you around and analyze any DNA you discard. They don’t need your permission. They can have it when you get a drivers license. They can have it at a toll booth. They can have it when you touch that. Or that. Or that. The Court of Appeals […]
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.
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.
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 […]
Pain Killer Lawsuits: An Open Letter to Peter Angelos and Steve Silverman
Warnken, LLC July 31, 2014 Mr. Peter Angelos, Esq. 100 N. Charles Street Baltimore, MD 21201 Mr. Steven Silverman 201 N Charles St. Baltimore, MD 21201 Dear Mr. Angelos and Mr. Silverman, Painkiller manufacturers and distributors need to be sued into submission. Manufacturers and suppliers have a duty to consumers and society […]
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 […]
