Governor Finally Commutes Two Life Sentences

April 11, 2012

If you read my blog, you know I think that Life should not mean Life Without Parole in Maryland. On March 29, 2012, Maryland Governor Martin O’Malley signed an executive order commuting the life sentences of Mark Grant and Tamara Settles.  This is the first time that the Governor has exercised his power to grant […]

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The Supreme Court is Even More Politicized than You Think

April 2, 2012

THE SUPREME COURT HAS BECOME MORE POLITICIZED When Supreme Court Justice John Paul Stevens retired from the Supreme Court in 2010, at age 90, there were no longer any justices on the Court from the pre-Reagan era.  Justice Stevens was a liberal justice appointed to the Court by President Ford, a Republican.  Two of the […]

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The Federal Health Care Law

March 26, 2012

THE FEDERAL HEALTH CARE LAW: THE COMMERCE CLAUSE VERSUS THE TENTH AMENDMENT In 2009, the United States Congress enacted sweeping health care reform.  The most controversial provision of the health care law is the requirement that by 2014 everyone have health insurance. The constitutional debate over the health care law will play out before the […]

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IN-STATE TUTION FOR ILLEGAL IMMIGRANTS

March 14, 2012

IN-STATE TUTION FOR ILLEGAL IMMIGRANTS WHO ARE LONG-TERM RESIDENTS IS FAIR & IS ECONIMCALLY SOUND In 2011, the Maryland General Assembly enacted a law that will permit some illegal immigrants, in some circumstances, to qualify for in-state tuition at Maryland’s public colleges and universities.  The law provides that, in order to qualify for in-state tuition […]

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Court of Special Appeals Holds That a Material Witness Was Illegally Detained

March 12, 2012

In Broadway v. State, in a rare case, the Court of Special Appeals heard an appeal, in a criminal case, brought by a witness and not by either the Defendant or the State.  The State claimed that she was a “material witness” whose testimony was crucial to the State’s case.  The State a “body attachment,” […]

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Introducing Warnken, LLC’s Workers’ Comp Calc Website

March 11, 2012

As you may or may not know, Warnken, LLC handles injury cases.  This is primarily an outgrowth of representing the MD Troopers Association (the largest labor union of the MD State Police).  We have represented cops in over 30 agencies, and have been representing the MD Troopers Association as their general counsel since 1997. Unfortunately, […]

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George Huguely Murder Trial Outcome

February 18, 2012

IN UVA MURDER TRIAL, PROFESSOR BYRON WARNKEN PREDICTS SECOND DEGREE MURDER OR MANSLAUGHTER ON THE PREMEDITATED MURDER COUNT & PREDICTS FIRST DEGREE MURDER ON THE FELONY MURDER COUNT The nation has followed the “UVA murder trial.”  The Commonwealth of Virginia has charged Defendant George Huguely, from Montgomery County, Maryland, with first degree murder of his […]

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The First Amendment will not protect Ehrlich Aide Paul Schurick

February 16, 2012

In 2011, Paul Schurick, who is a former aide to former Governor Bob Ehrlich, was charged by the State Prosecutor with (1) conspiracy to commit election fraud, (2) election fraud, and (3) failing to place the legal disclaimer on the phone calls to the public.  The case arose from 2010 election evening “robo” calls, in […]

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Life Should Not Mean Life Without Parole (Part III)

March 29, 2011

For many years, Maryland has had a sentence of “life with the possibility of parole” for the crimes of murder, rape, and sex offense.  In 1987, the Maryland General Assembly established a sentence of “life without the possibility of parole” for first degree murder.  Thus, for the crime of first degree murder, for the last […]

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The Single SCOTUS 4th Amendment Case in 2010

March 8, 2011

In Ontario v. Quon, 130 S. Ct. 2610 (2010), the Supreme Court addressed whether a police officer has a reasonable expectation of privacy in text messages transmitted while on-duty through work-issued pagers and whether the search of the text messages violated the officer’s Fourth Amendment rights.  In a 9-0 opinion, the Court reversed the Ninth […]

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