Chicago Federal Defense Attorney Michael J. Petro Success at Dirksen
Success at Dirksen Building. Chicago Criminal Defense Attorney Michael J. Petro fought tooth and nail against the government’s Petition for Preliminary Order of Forfeiture. The petition sought proceeds and specific property including substitute assets. The Judge listened to Mr. Petro’s arguments and dismissed the government’s petition. Savings to client $550K!
Police Use of Lethal Force: Boilerplate Rules
Near midnight on July 18, 2004, Lieutenant Joseph Forthman of the West Memphis, Arkansas, Police Department pulled over a white Honda Accord because the car had only one operating headlight. Donald Rickard was the driver of the Accord, and Kelly Allen...
USSG 2D1.1: Court’s Failure to Explicitly State Drug Quantity Leads to Reversal
Background. Dwayne Garrett was found guilty of possessing with intent to distribute 50 or more grams of crack cocaine and sentenced to 190 months in prison. He appeals both his conviction and sentence.
Garrett was indicted, along with more...
Pro Se Representation: Boilerplate Rules
The defendant was convicted by a jury of having committed, along with another man, four drug-related robberies of pharmacies in Milwaukee, and also of having used a firearm in connection with the robberies and having possessed a...
FRE 803 Excited Utterance Exception – Boilerplate Rules
On November 2, 2009, Mario Zuniga was at a bar playing pool with friends when Beatrice Suarez, an ex-girlfriend, entered the bar and slapped him across his face. Zuniga immediately took Suarez out the back door of the bar to an area...
Handy Chart Determines If Driver of Rental Car Has Standing to Contest Search
On August 29, 2012, Walton was a passenger in a rented Chevrolet Suburban driven by his companion, Darrallyn Smoot, when the pair was pulled over on an interstate highway for a traffic stop by a state trooper in...
DOJ Refusal to Provide Discovery in Fake Stash House Robbery Leads to Dismissal
This appeal arises from one of multiple criminal cases pending in the Northern District of Illinois in which the defendants are charged with conspiring to rob a non-existent “stash house” which, they were led to...
New FRE 404(b) Test Leads to Reversal
On a foggy night in Chicago, police officers patrolling the west side of the city spotted Marvin Chapman walking down a sidewalk carrying a bag with what looked like the barrel of a rifle protruding from it. As the officers approached, Chapman...
7th Circuit Announces New Standard for Admitting FRE 404(b) Other Acts Evidence
On August 18, 2014, the 7th Circuit in a 43 page opinion annonced a new standard for admitting FRE 404(b) other acts evidence. The new standard was announced in an en banc opinion in US v. Gomez, 12-1104 (7th Cir. 2014) .
Chicago Federal Criminal Defense Attorney Michael J. Petro represented Gomez at his Motion to...
FRE 404(b): New Test to Admit
Editors Note: Chicago Federal Criminal Defense Attorney Michael J. Petro Represented Gomez at his Motion to Suppress Evidence, at trial, on direct appeal and in this en banc appeal.
Before WOOD, Chief Judge, and BAUER, POSNER, FLAUM, EASTERBROOK, KANNE, ROVNER, WILLIAMS, SYKES, TINDER, and...