Warnken’s Maryland Criminal Procedure


Updated for the first time since 2015, the 2d Edition of Warnken’s Maryland Criminal Procedure is a comprehensive “one stop shop” for anyone involved in the practice of criminal law. Written by a team of some of Maryland’s most renowned criminal law practitioners, the treatise contains more than 10,000 cases, rules and statutes, broken down into specific topic areas for ease of reference.

Judge Charles Moylan, Jr. described the first edition as a “monumental contribution to our legal literature.” In his Foreword to the second edition, Dean Ronald Weich of the University of Baltimore notes that the update “is a most valuable and timely supplement to Professor Warnken’s original masterwork.” 

This two-volume treatise is an indispensable resource for prosecutors, public defenders, defense counsel, judges, and attorneys, including those who deal only infrequently with criminal law.

Professor Byron L. Warnken

Adam Ruther, Esq., Editor

Hon. Charles M. Blomquist, Megan E. Coleman, Esq., Thomas M. Donnelly, Esq., Andrew D. Geraghty, Esq., Todd W. Hesel, Esq., Kristin C. Tracy, Esq., Carrie J. Williams, Esq.

Table of Contents

Summary of Contents:


Chapter 1: Classification and Interpretation
Chapter 2: Timing Issues
Chapter 3: Actus Reus
Chapter 4: Mens Rea
Chapter 5: Right to Counsel
Chapter 6: Victims’ Rights
Chapter 7: Fourth Amendment Applicability
Chapter 8: Search and Seizure by Warrant
Chapter 9: Arrest and Stop and Frisk
Chapter 10: Search and Seizure Warrant Exceptions
Chapter 11: Fourth Amendment Remedies
Chapter 12: Fifth Amendment Applicability
Chapter 13: Interrogations and Confessions
Chapter 14: Fifth Amendment Remedies
Chapter 15: Eyewitness Identifications
Chapter 16: Grand Jury and Charging Documents
Chapter 17: Jurisdiction and Venue


Chapter 18: Plea Bargaining and Pleas
Chapter 19: Preliminary Hearings and Pre-Trial Release
Chapter 20: Incompetency, NCR, and Intoxication
Chapter 21: Double Jeopardy
Chapter 22: Speedy Trial
Chapter 23: Discovery
Chapter 24: Trial by Jury
Chapter 25: Burden of Production
Chapter 26: Burden of Persuasion
Chapter 27: Fair Trial
Chapter 28: Confrontation
Chapter 29: Compulsory Process
Chapter 30: Sentencing
Chapter 31: New Trial Motions
Chapter 32: Appeals
Chapter 33: Collateral Review
Chapter 34: Parole, Pardon, and Clemency

Format: Softcover, Two-Volume
Pub date: 2022
Total Pages: tbd

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Warnken's Maryland Criminal Procedure