Criminal Post-Verdict Practice

Our criminal post-verdict practice evolved from the three decades in which Professor Byron L. Warnken has taught Criminal Law and Constitutional Criminal Procedure.

Types of Criminal Post-Verdict Proceedings

Our criminal post-verdict practice concentrates on (1) criminal appeals in the Court of Special Appeals of Maryland, in the Court of Appeals of Maryland, in the United States Court of Appeals for the Fourth Circuit, in the United States court of Appeals for the Fifth Circuit, and in the Supreme Court of the United States; (2) post-trial motions in state and federal court; (3) sentencing motions in state and federal court; (4) negotiations with personnel in an institution and/or in the Division of Correction as to terms of confinement, including transfer to a different facility, single cell and protective custody status, correction of commitment record or diminution credits, reinstatement of lost diminution credits, and release for a funeral; (5) petitions for post conviction relief; (6) motions to reopen closed state post conviction proceedings; (7) federal and state habeas corpus proceedings; (8) petitions for writs of error coram nobis; (9) petition for writs of mandamus; (10) proceedings before the Maryland Parole Commission; (11) petitions for clemency by way of gubernatorial commutation; and (12) applications for pardon to the Governor of Maryland.

Criminal Post-Verdict Successes

The Firm has had nearly 125 criminal post-verdict successes. More than a dozen “lifers” have “gone home,” had their convictions vacated, or had their sentence significantly reduced. In 1998, Baltimore Sun coverage of one of the Firm’s cases resulted in the Circuit Court for Baltimore City assigning judges to oversee compliance with the constitutional mandate to provide exculpatory material to defendants. Recently, the Firm has had two successes in which inmates went home after having been incarcerated for more than two decades. One of those cases had front page coverage, with photographs, in the Maryland section of The Daily Record. In the last year and a half, in addition to multiple post conviction and parole successes, the Firm has had four life sentences reduced – one to 25 years, two to 30 years, and one to 50 years.

Specific Services Offered for Individuals in the State Criminal Justice System

For individuals in the state criminal justice system, the Firm can take any of the following steps:

• Motion for New Trial
• Motion to Withdraw Guilty Plea
• Motion for Appeal Bond and Release Following Conviction
• Application for Review of Sentence by a Three-Judge Panel
• Motion (original, amended, or belated) for Modification or Reduction of Sentence, including drug treatment in lieu of incarceration
• Motion to Correct Illegal Sentence
• Motion for a New Trial based on newly discovered evidence
• Motion to Vacate Conviction under the Court’s supervisory power
• Motion for New Trial Based on Fraud, Mistake, or Irregularity
• Motion for New Trial Based on Scientific Evidence of Factual Innocence
• Application for Leave to Appeal (Application) in the Court of Special Appeals of Maryland (CSA) from a guilty plea
• Appeal in the CSA
• Motion for Reconsideration and/or Motion to Report CSA Opinion
• “Cert. Worthiness” evaluation for an appeal to the Court of Appeals (COA).
• Petition for a Writ of Certiorari (Certiorari Petition) in the COA
• Appeal in the COA
• Certiorari Petition in the Supreme Court of the United States (SCOTUS)
• Appeal in SCOTUS
• Motion for Reconsideration in SCOTUS
• Violation of probation (VOP) trial
• Application in the CSA from conviction for VOP
• Petition for Post Conviction Relief (Post Conviction Petition)
• Motion to Reopen a Closed Post Conviction Proceeding (Motion to Reopen)
• Petition for Writ of Error Coram Nobis
• Petition for a Writ of Habeas Corpus in state court
• Application in the CSA from denial of post conviction relief, coram nobis, or habeas corpus relief
• Application/Petition for Expungement of Records
• Petition for a Writ of Habeas Corpus (Habeas Corpus Petition) in the United States District Court for the District of Maryland (federal District Court)
• Petition for a Certificate of Appealability in federal District Court and/or in the United States Court of Appeals for the Fourth Circuit (Fourth Circuit), if denied habeas corpus relief
• Appeal in the Fourth Circuit
• Motion for Hearing en Banc, if denied appellate relief in the Fourth Circuit
• Regularly scheduled parole hearing before the Maryland Parole Commission (MPC)
• Motion (filed in either the Circuit Court or the MPC) for an evaluation by the Department of Health and Mental Hygiene
• Petition to Shorten Parole “Set Off” Period before the MPC
• Petition for Parole Hearing before the MPC following the denial of parole
• Violation of Parole hearing before the MPC
• Petition for a Writ of Mandamus against the MPC
• Application to the Governor for Clemency, Commutation, or Pardon
• Inmate Grievance Commission (IGC) hearing
• Appeal from the IGC to Circuit Court
• Forfeiture proceedings
• Appeal to the CSA from an unfavorable forfeiture proceeding
• Negotiation of terms of confinement with a correctional institution in the Maryland Division of Correction, e.g., transfer to a different in-state facility or transfer to an out-of-state facility, single cell and protective custody status, correction of records such as commitment or diminution credits, reinstatement of lost diminution credits, release for funeral
• Expert witness in a post conviction proceeding

Specific Services Offered for Individuals in the Federal Criminal Justice System

For individuals in the federal criminal justice system, the Firm can take any of the following steps:

• Motion for Arrest of Judgment in federal District Court
• Motion for Correction or Reduction of Sentence in federal District Court
• Motion to Stay Execution of Sentence in federal District Court
• Appeal in the Fourth Circuit
• Motion for Reconsideration in the Fourth Circuit
• “Cert. Worthiness” evaluation for SCOTUS
• Certiorari Petition in SCOTUS
• Appeal in SCOTUS
• Motion for Reconsideration in SCOTUS
• Habeas Corpus Petition in SCOTUS
• Petition for a Certificate of Appealability in the Fourth Circuit
• Matter before the United States Parole Commission
• Petition to the President for Clemency, Commutation, or Pardon
• Forfeiture proceeding in federal District Court