Eyewitness Identification Expert Testimony at Trial Leads to Not Guilty
Eyewitness testimony can be powerful evidence in a criminal trial. But a confident identification is not necessarily an accurate identification.
Criminal defense attorney Michael J. Petro successfully defended a Chicago man who faced a potential...
FRE 701 Opinion Testimony by Lay Witnesses – Boilerplate Rules
Federal criminal trials frequently involve witnesses who want to do more than simply tell the jury what they saw or heard. They also want to offer an opinion about what the evidence means.
Eyewitness Identification – Watershed Decision Identifies Fallibility of Eyewitness Identifications
Few forms of evidence can be more persuasive to a jury than an eyewitness who points to the defendant and says:
“That's the person I saw commit the crime.”
But decades of scientific...
FRE 902(11). Boilerplate Rules for Admission of Certified Business Records
Federal prosecutors frequently rely on business records to prove criminal cases involving fraud, financial transactions, healthcare billing, bank accounts, telephone records, loans, and other documentary evidence.
Ordinarily, a party offering a...
FRE 803 Excited Utterance Exception – Boilerplate Rules
Federal prosecutors may attempt to introduce an out-of-court statement under the excited utterance exception—even when the statement would ordinarily be excluded as hearsay. Admission is not automatic. The government must establish that the declarant spoke while still under...
New FRE 404(b) Test Leads to Reversal
Federal prosecutors often attempt to introduce a defendant’s prior conviction or alleged misconduct to influence how the jury views the current charge. Federal Rule of Evidence 404(b) limits this tactic. The government cannot use prior...
FRE 404(b): New Test to Admit
Attorney Michael J. Petro represented Nicolas Gomez during the motion to suppress proceedings, at trial, on direct appeal, and during the en banc appeal before the United States Court of Appeals for the Seventh Circuit. The...
Video Recorded By Non-Testifying Snitch Does NOT Violate the Confrontation Clause
Federal prosecutors frequently use recordings made during controlled purchases and confidential informant operations. When the informant does not testify, the defense must determine whether the recording contains testimonial statements protected by the Sixth Amendment or merely depicts events captured by...
Trial Exhibits In the Jury Room: Boilerplate Rules
Evidence admitted during a federal criminal trial may have an even greater impact when jurors receive it in the jury room and can review it repeatedly during deliberations. Although jurors generally may examine admitted exhibits, the district judge retains discretion...
FRE 901: Boilerplate Foundational Requirements for Tape Recordings
Federal prosecutors frequently use recorded telephone calls, body camera audio, surveillance recordings, voicemail messages, interviews, and files extracted from electronic devices. Before a recording may be admitted, the government must present evidence supporting a finding that the recording is...