Practice Areas
Federal & State
Federal & State
Notable Cases
Marc Martin, Ltd.
53 W. Jackson Blvd.
Suite 1420
Chicago, IL 60604
(312) 408-1111
53 W. Jackson Blvd.
Suite 1420
Chicago, IL 60604
(312) 408-1111
The information you obtain at this site is not, nor is it intended to be, legal advice. You should always consult an attorney for individual advice regarding all legal matters.
Appeals
Marc Martin concentrates in appellate work in the State and Federal courts. He has handled numerous appeals during his career, both as a sole practitioner and in conjunction with other lawyers. He once obtained appellate relief in three federal cases in the span of a week.
An appeal requires review of the record, preparation of written briefs and oral argument if requested by the Court.
A sampling of published opinions in which Marc Martin was an attorney of record, or prepared the written briefs, include the following.
Seventh Circuit Court of Appeals
-United States v. York, 852 F.2d 221 (7th Cir. 1988) (mail fraud/murder case reversed for a new trial due to the introduction of uncross-examined hearsay)
-United States v. Mancari, 875 F.2d 103 (7th Cir. 1989) (drug conspiracy conviction reversed due to insufficiency of the evidence)
-United States v. Giovannetti, 919 F.2d 1223 (7th Cir. 1990), government rehearing petition denied, 928 F.3d 225 (1991) (lawyer’s gambling conviction reversed for a new trial due to erroneous “ostrich” and statute of limitation instructions)
-United States v. Bailin, 977 F.3d 270 (7th Cir. 1992) (defense-favorable district court direct estoppel ruling affirmed on appeal; ruling in government’s favor ultimately overruled in Yeager v. United States, 129 S.Ct. 2360 (2009))
-United States v. Bafia, 949 F.3d 1465 (7th Cir. 1991) (drug conspiracy case raising sentencing guidelines issues)
-United States v. Hopson, 39 F.3d 795 (7th Cir. 1995) (remanded for re-sentencing)
-United States v. Li, 55 F.3d 325 (7th Cir. 1995) (completeness issues; district court’s dismissal of money laundering charges in co-defendant’s case affirmed)
-United States v. Stillo, 57 F.3d 553 (7th Cir. 1995) (convictions in Operation GAMBAT case affirmed, but rule of the case is called into doubt by United States Supreme Court in Scheidler v. N.O.W., 537 U.S. 393 (2003))
-United States v. Saadeh, 61 F.3d 510 (7th Cir. 1995) (multi kilogram cocaine case involving Miranda issues and false testimony by government informant)
-United States v. Araujo, 62 F.3d 930 (7th Cir. 1995) (drug convictions reversed for a new trial because the trial court erroneously allowed a 11-person jury to return a verdict)
-Patrasso v. Nelson, 121 F.3d 297 (7th Cir. 1997) (federal habeas corpus case in which the court found that the defendant had ineffective assistance of counsel at sentencing; the defendant had been serving a 60-year prison sentence and was released following the appeal)
-United States v. Mankiewicz, 122 F.3d 399 (7th Cir. 1997) (federal drug sentences reversed and remanded on multiple grounds)
-United States v. Messino, 122 F.3d 389 (7th Cir. 1997), govt pet. r’hg denied, 130 F.3d 1225, government’s certiorari petition denied, 524 U.S. 937 (1998) (cocaine distribution conspiracy case in which defendant received a life sentence reversed for a new trial due to error in jury selection)
-United States v. Palumbo Bros, Inc., 145 F.3d 850 (7th Cir. 1998) (district court’s dismissal of RICO charge against concrete company executives reversed on government appeal)
-United States v. Krilich, 159 F.3d 1020 (7th Cir. 1998) (use of proffer and guidelines issues in case involving alleged bribery in the context of a large bond offering)
-United States v. Sapoznik, 161 F.3d 1117 (7th Cir. 1998) (sentence reversed and remanded due to incorrect calculation of benefit under the federal sentencing guidelines)
-United States v. Genova, 333 F.3d 750 (7th Cir. 2003) (RICO conviction of city official reversed)
-Hale v. Committee on Character and Fitness, 335 F.3d 678 (7th Cir. 2003), opponent’s certiorari petition denied after request for response 530 U.S. 1261 (2003) (successful defense on behalf of Character and Fitness bar admission committee against First Amendment-based complaint brought by person not admitted to Illinois bar)
-United States v. Scialabba, 282 F.3d 475 (7th Cir. 2002), government’s certiorari petition denied 537 U.S. 1071 (money laundering convictions reversed outright on appeal; after the appeal the defendants’ 16 and 9 year prison sentences were reduced to 5 and 3 years; the rule in this case was recently adopted by the United States Supreme Court in United States v. Santos, 128 S.Ct. 2020 (2008) (plurality)).
-United States v. Messino, 382 F.3d 704 (7th Cir. 2004) (sentenced reversed on Apprendi/Booker grounds; after the appeal, the defendant, who was originally sentenced to life, has been released)
-United States v. Hanhardt, 361 F.3d 382 (7th Cir. 2004), certiorari granted judgment vacated Altobello v. United States, 543 U.S. 1097 (2005). (obstruction of justice sentencing enhancement vacated; cause remanded for re-sentencing; sentence reduced on remand)
-United States v. Baretz, 411 F.3d 867 (7th Cir. 2005) (businessman’s 151-month prison sentence vacated and remanded on choice-of-guidelines grounds; sentence reduced on remand)
-United States v. Bianucci, 415 F.3d 651 (7th Cir. 2005) (bank fraud conviction affirmed)
-United States v. Boscarino, 437 F.3d 634 (7th Cir. 2006) (early post Booker appeal addressing guidelines disparity and mail fraud issues)
-Roach v. United States, 543 U.S. 1180 (2005) (certiorari granted, judgment vacated and cause remanded for reconsideration in light of Booker; prison sentence vacated)
-United States v. Mancari, 463 F.3d 590 (7th Cir. 2006) (gun conviction sentence reversed and remanded; sentence reduced on remand)
-United States v. Calabrese, 490 F.3d 575 (7th Cir. 2007) (2-1 decision in an interlocutory appeal on a RICO conspiracy double jeopardy issue; majority opinion gives defendants leave to reopen double jeopardy motion; dissent would have granted some relief)
-United States v. McMahan, 495 F.3d 410 (7th Cir. 2007), cert. gtd. judgment vacated Smith v. United States, 128 S.Ct. 917 (2008) (crack cocaine/use of telephone case)
-United States v. Segal, 495 F.3d 826 (7th Cir. 2007) (insurance businessman’s conviction affirmed; $30 million forfeiture judgment reversed and remanded on double-counting grounds)
-United States v. Warner, 498 F.3d 666 (7th Cir. 2007), en banc re’g denied, 506 F.3d 517 (convictions of former Illinois Governor and a businessman affirmed over panel and en banc dissents)
-United States v. Caputo, 517 F.3d 935 (7th Cir. 2008) (medical devices executive’s conviction affirmed; $17 million restitution judgment reversed and remanded)
-United States v. Black, 530 F.3d 596 (7th Cir. 2008), certiorari granted, 129 S.Ct. 2379 (2009)
-United States v. Presbitero, 569 F.3d 691 (7th Cir. 2009) (district court’s grant of judgment of acquittal on tax conspiracy charges reversed; although the sentencing guidelines were around five years imprisonment, the defendant was sentenced to probation with six months detention on remand)
-United States v. Are, 590 F.3d 499 (7th Cir. 2009) (raising Brady and Napue issues in heroin distribution case)
United States v. Cozzi, 613 F.3d 725 (7th Cir. 2010) (Issues relating to Chicago Police Officer’s Garrity v. New Jersey claim), cert. denied 131 S.Ct. 1472 (2011)
United States v. Favara, 615 F.3d 824 (7th Cir. 2010) (sentencing objections overruled in stock fraud case), cert. denied 131 S.Ct. 1812 (2011)
United States v. Borrasi, 639 F.3d 774 (7th Cir. 2011) (appeal after trial on Medicare remuneration charges)
United States v. O’Doherty, 643 F.3d 209 (7th Cir. 2011) (sentencing tax appeal)
Illinois Supreme Court
-Lebron v. Gottlieb, 2010 WL 375190 (2010) (medical malpractice caps found to violate Illinois Constitution; Marc Martin is one of the attorneys for a plaintiff noted in footnote 2 of the opinion)
-People v. Caruso, 205 Ill.2d 597 (2003) (extended term sentence vacated in “Lenard Clark” case)
-People v. Carrera, 203 Ill.2d 1 (2002) (trial court should have granted motion to suppress on extra-territorial jurisdiction grounds)
-Franson v. Micelli, 172 Ill.2d 352 (1996) (early DNA case in context of paternity action; Illinois Supreme Court finds that the appellate court lacked jurisdiction)
-Waller v. 1990 Ford Bronco, 158 Ill.2d 460 (1994) (dismissal of wildlife forfeiture case upheld)
-People v. Wielgos, 142 Ill.2d 133 (1991) (case addressing Illinois’ entrapment statute)
-People v. Foskey, 136 Ill.2d 36 (1990) (reversed and remanded; trial court should have granted motion to suppress and defendant’s confrontation rights were violated)
-People v. Zayas, 131 Ill.2d 284 (1989) (murder convicted reversed for a new trial where hypnosis testimony was improperly admitted)
Illinois Appellate Court
The Illinois Appellate Court often does not publish its decisions pursuant to Illinois Supreme Court Rule 23. Reported Illinois Appellate Court decisions of cases in which Marc Martin was an attorney of record include the following:
-People v. Salgado, 2009 WL 4893295 (2009) (after obtaining a remand for an attenuation hearing, the appellate court affirms the circuit court’s denial of the defendant’s motion to suppress statements; a petition for leave to appeal from this decision has been filed in the Illinois Supreme Court)
-Katalinic v. Board of Trustees of Mun. Employees', Officers', Officials' Annuity and Benefit Fund 386 Ill.App.3d 922, 898 N.E.2d 243 (1st Dist. 2008) (appellate court upholds forfeiture of city worker’s pension due to his criminal conviction)
-People v. Dresher, 364 Ill.App.3d 847, 847 N.E.2d 662 ) (1st Dist. 2006) (14-year sentence for attempt murder of wife ordered reduced; conviction affirmed)
-People v. Bowman, 357 Ill.App.3d 290, 827 N.E.2d 1062 (1st Dist. 2005) (one of the first appellate court cases in Illinois to bring an Apprendi challenge)
-In re M.K., 355 Ill.App.3d 652, 823 N.E.2d 252 (2nd Dist. 2005) (conviction reversed for insufficient evidence)
-People v. Schickel, 347 Ill.App.3d 889, 807 N.E.2d 1195 (1st Dist. 2004) (in a publicized case, the trial court finds the defendant not guilty of first-degree murder but guilty of a lesser offense alleged to be non-existent on appeal)
-People v. Deenadayalu, 331 Ill.App.3d 442, 772 N.E.2d 323 (2nd Dist. 2002) (medical doctor’s conviction affirmed)
-People v. Steppan, 322 Ill.App.3d 620, 751 N.E.2d 32 (1st Dist. 2001) (sentence vacated and remanded for re-sentencing; conviction affirmed)
-People v. Aleman, 313 Ill.App.3d 51, 729 N.E.2d 20 (2000) (controversial case affirming murder conviction where defendant had previously been tried and acquitted)
-People v. Trotter, 299 Ill.App.3d 535, 701 N.E.2d 272 (1st Dist. 1998) (rejecting lesser included offense challenge in murder case)
-People v, Reynolds, 294 Ill.App.3d 58, 689 N.E.2d 335 (1st Dist. 1998) (affirming former United States Congressman’s conviction)
-People v. Zamudio, 293 Ill.App.3d 976, 689 N.E.2d 254 (1st Dist. 1997) (challenge to “stalking” law)
-People v. Lowitzki, 285 Ill.App.3d 770, 674 N.E.2d 859 (1st Dist. 1996) (raising novel issues relating to compulsive gambling defense)
-People v. Siwek, 284 Ill.App.3d 7, 671 N.E.2d 358 (2nd Dist. 1996) (conviction affirmed over challenges to video surveillance evidence)
-People v. Patrasso, 271 Ill.App.3d 1087, 649 N.E.2d 428 (1st Dist. 1994) (post-conviction denial affirmed; defendant later released from prison after successful federal habeas corpus appeal, **).
-People v. Davilla, 236 Ill.App.3d 367, 603 N.E.2d 666 (1st Dist. 1992) (affirmance of cocaine distribution conviction and sentence)
-People v. U.S. Currency $3,108, 219 Ill.App.3d 441, 579 N.E.2d 951 (1st Dist. 1991) (early challenge to forfeiture laws resulting in appellate finding for claimant)
Notable Trials
Marc Martin has been part of “defense teams,” or, alone, has represented individuals charged with crimes in both State and Federal Court. Some notable cases include the following:
Federal
-United States v. Sheehan (only defendant acquitted in a multi-defendant trial centering around the attempted robbery of a large race track)
-United States v. Maher (one of only three acquittals in the “Operation Greylord” investigation into Cook County’s Criminal Justice system)
-United States v. Roti, (former alderman not found guilty of bribery racketeering predicate act and sentenced to reduced sentence)
-United States v. Maloney (trial and conviction of judge)
-United States v. Stillo (trial and conviction of attorney)
-United States v. Tokunaga (businessman acquitted of a labor-related bribery conspiracy)
-United States v. Chrobak (defendant acquitted of unloading $2 million worth of marijuana)
-United States v. Olson (gun shop employee acquitted in ATF sting operation)
-United States v. Tufano (currency exchange owner charged with money laundering in IRS sting operation acquitted)
-United States v. Phelan (former state representative acquitted of mail fraud charges)
-United States v. Santiago (former state representative acquitted of ghost payrolling charges)
-United States v. Gore (acquittal on slavery counts results in reduced sentence)
-United States v. Ploss (former federal administrative law judge acquitted of mail fraud charges, convicted on lesser offenses)
-United States v. Warner (government’s mail fraud theory dismissed; defendant later convicted in a trial with former Governor of Illinois)
-United States v. Black, (newspaper executive acquitted of majority of charges, but sentenced to imprisonment on lesser mail fraud charges; case is presently before United States Supreme Court on basis of jury instructions/motions prepared by Marc Martin)
-United States v. Calabrese (“Operation Family Secrets” case; conviction presently on appeal)
State
-People v. Taylor (finding of not guilty in first-degree murder case; a co-defendant (who was not ever represented by Marc Martin) recently won habeas corpus relief on the basis of a defense witness put on the stand by Marc Martin, Malone v. Walls, 538 F.3d 744 (7th Cir. 2008))
-People v. Cimbala (finding of not guilty in first-degree murder case)
-People v. Fierer (after reversal for a new trial on first-degree murder charges, People v. Fierer, 124 Ill.2d 176, 529 N.E.2d 972 (1988), Edward M. Genson and Marc Martin appeared as defense counsel and won a second-degree murder conviction; defendant, who was originally sentenced to 30 year imprisonment was sentenced to 12 years after the retrial)
-People v. Weiss (finding not guilty of manslaughter charges).
-People v. Lemak (acquittal of first-degree murder)
-Florida v. Kelly (motion to suppress granted; charges dismissed)
-People v. Kelly (jury acquittal on all charges against music superstar R. Kelly)
Forfeiture
-United States v. Segal, 495 F.3d 826 (7th Cir. 2007) ($30 million RICO forfeiture judgment reversed and remanded on double-counting grounds)
-United States v. 1989 Stratford Fairmont, 986 F.2d 177 (7th Cir. 1993)
-United States v. $448,342.85, 969 F.2d 474 (7th Cir. 1992)
-United States v. Black, 526 F.Supp.3d 870 (N.D. Il. 2007) (government’s request for forfeiture of $17 million including Palm Beach real estate denied; forfeiture limited to amounts proved to be involved in counts of conviction)
-United States v. Hosseini, 504 F.Supp. 376 (N.D. Il. 2007) (government’s request for forfeiture of $10 million proceeds denied; forfeiture limited to RICO enterprise)
-United States v. Hargrove, 2006 WL 2524133 (N.D. Il. 2006) (government’s attempt to forfeit retirement account denied)
-United States v. $9,800, 952 F.Supp. 1254 (N.D. 1996) (motion to dismiss because probable cause for forfeiture not established; the holding in this case was one of the reasons for the change of federal forfeiture laws)
-United States v. One 1986 Chevrolet Monte Carlo, 817 F.Supp. 726 (N.D. Il. 1993)
-United States v. 8215 Reese Rd., 803 F.Supp. 175 (N.D. Il. 1992) (forfeiture process violated due process)
-United States v. 5854 N. Kenmore, 762 F.Supp. 2004 (N.D. Il. 1991) (wife had entitlement to husband’s property subject to forfeiture)
-United States v. South Side Finance, 755 F.Supp. 791 (N.D. Il. 1991) (early money laundering forfeiture case)
-United States v. 15824 W. 143rd St. Lockport, 736 F.Supp. 882 (N.D. Il. 1990)
-Waller v. 1990 Ford Bronco, 158 Ill.2d 460 (1994) (dismissal of forfeiture case upheld)
-People v. U.S. Currency in the Amount of $3,108, 219 Ill.App.3d 44 (1991) (forfeiture not proved)
Wiretap Suppression Motions
-United States v. Mancari, 663 F.Supp.1343 (N.D. Il. 1987) (as law clerk prepared wiretap suppression pleadings that resulted in the granting of hearings)
-United States v. LaMantia, 1996 WL 559950 (N.D. Ill.) (lengthy wiretap of social club upheld)
-United States v. Jackson, 246 F.3d 1054 (7th Cir. 2001) (for defendant in district court; raising novel issues in case in which the government bugged prison visits)
-United States v. Coney, 407 F.3d 871 (7th Cir. 2005) (for defendant in district court) (raising issues relating to “sealing” requirements)
-United States v. Calabrese, 492 F.Supp. 96 (N.D. Ill. 2007) (while the district court denied the defendant’s Title III challenges, the government’s failure to seal some tapes resulted in them not being used at trial)
First Amendment
People v. Kelly, 921 N.E.2d 333 (1st Dist., Ill. App. Ct. 2010) (description of media challenge/First Amendment issues in trial court).
-United States v. Calabrese, 515 F.Supp.2d 880 (N.D. Ill. 2007)
-United States v. Black, 483 F.Supp.2d 618 (N.D. Ill. 2007)
Marc Martin concentrates in appellate work in the State and Federal courts. He has handled numerous appeals during his career, both as a sole practitioner and in conjunction with other lawyers. He once obtained appellate relief in three federal cases in the span of a week.
An appeal requires review of the record, preparation of written briefs and oral argument if requested by the Court.
A sampling of published opinions in which Marc Martin was an attorney of record, or prepared the written briefs, include the following.
Seventh Circuit Court of Appeals
-United States v. York, 852 F.2d 221 (7th Cir. 1988) (mail fraud/murder case reversed for a new trial due to the introduction of uncross-examined hearsay)
-United States v. Mancari, 875 F.2d 103 (7th Cir. 1989) (drug conspiracy conviction reversed due to insufficiency of the evidence)
-United States v. Giovannetti, 919 F.2d 1223 (7th Cir. 1990), government rehearing petition denied, 928 F.3d 225 (1991) (lawyer’s gambling conviction reversed for a new trial due to erroneous “ostrich” and statute of limitation instructions)
-United States v. Bailin, 977 F.3d 270 (7th Cir. 1992) (defense-favorable district court direct estoppel ruling affirmed on appeal; ruling in government’s favor ultimately overruled in Yeager v. United States, 129 S.Ct. 2360 (2009))
-United States v. Bafia, 949 F.3d 1465 (7th Cir. 1991) (drug conspiracy case raising sentencing guidelines issues)
-United States v. Hopson, 39 F.3d 795 (7th Cir. 1995) (remanded for re-sentencing)
-United States v. Li, 55 F.3d 325 (7th Cir. 1995) (completeness issues; district court’s dismissal of money laundering charges in co-defendant’s case affirmed)
-United States v. Stillo, 57 F.3d 553 (7th Cir. 1995) (convictions in Operation GAMBAT case affirmed, but rule of the case is called into doubt by United States Supreme Court in Scheidler v. N.O.W., 537 U.S. 393 (2003))
-United States v. Saadeh, 61 F.3d 510 (7th Cir. 1995) (multi kilogram cocaine case involving Miranda issues and false testimony by government informant)
-United States v. Araujo, 62 F.3d 930 (7th Cir. 1995) (drug convictions reversed for a new trial because the trial court erroneously allowed a 11-person jury to return a verdict)
-Patrasso v. Nelson, 121 F.3d 297 (7th Cir. 1997) (federal habeas corpus case in which the court found that the defendant had ineffective assistance of counsel at sentencing; the defendant had been serving a 60-year prison sentence and was released following the appeal)
-United States v. Mankiewicz, 122 F.3d 399 (7th Cir. 1997) (federal drug sentences reversed and remanded on multiple grounds)
-United States v. Messino, 122 F.3d 389 (7th Cir. 1997), govt pet. r’hg denied, 130 F.3d 1225, government’s certiorari petition denied, 524 U.S. 937 (1998) (cocaine distribution conspiracy case in which defendant received a life sentence reversed for a new trial due to error in jury selection)
-United States v. Palumbo Bros, Inc., 145 F.3d 850 (7th Cir. 1998) (district court’s dismissal of RICO charge against concrete company executives reversed on government appeal)
-United States v. Krilich, 159 F.3d 1020 (7th Cir. 1998) (use of proffer and guidelines issues in case involving alleged bribery in the context of a large bond offering)
-United States v. Sapoznik, 161 F.3d 1117 (7th Cir. 1998) (sentence reversed and remanded due to incorrect calculation of benefit under the federal sentencing guidelines)
-United States v. Genova, 333 F.3d 750 (7th Cir. 2003) (RICO conviction of city official reversed)
-Hale v. Committee on Character and Fitness, 335 F.3d 678 (7th Cir. 2003), opponent’s certiorari petition denied after request for response 530 U.S. 1261 (2003) (successful defense on behalf of Character and Fitness bar admission committee against First Amendment-based complaint brought by person not admitted to Illinois bar)
-United States v. Scialabba, 282 F.3d 475 (7th Cir. 2002), government’s certiorari petition denied 537 U.S. 1071 (money laundering convictions reversed outright on appeal; after the appeal the defendants’ 16 and 9 year prison sentences were reduced to 5 and 3 years; the rule in this case was recently adopted by the United States Supreme Court in United States v. Santos, 128 S.Ct. 2020 (2008) (plurality)).
-United States v. Messino, 382 F.3d 704 (7th Cir. 2004) (sentenced reversed on Apprendi/Booker grounds; after the appeal, the defendant, who was originally sentenced to life, has been released)
-United States v. Hanhardt, 361 F.3d 382 (7th Cir. 2004), certiorari granted judgment vacated Altobello v. United States, 543 U.S. 1097 (2005). (obstruction of justice sentencing enhancement vacated; cause remanded for re-sentencing; sentence reduced on remand)
-United States v. Baretz, 411 F.3d 867 (7th Cir. 2005) (businessman’s 151-month prison sentence vacated and remanded on choice-of-guidelines grounds; sentence reduced on remand)
-United States v. Bianucci, 415 F.3d 651 (7th Cir. 2005) (bank fraud conviction affirmed)
-United States v. Boscarino, 437 F.3d 634 (7th Cir. 2006) (early post Booker appeal addressing guidelines disparity and mail fraud issues)
-Roach v. United States, 543 U.S. 1180 (2005) (certiorari granted, judgment vacated and cause remanded for reconsideration in light of Booker; prison sentence vacated)
-United States v. Mancari, 463 F.3d 590 (7th Cir. 2006) (gun conviction sentence reversed and remanded; sentence reduced on remand)
-United States v. Calabrese, 490 F.3d 575 (7th Cir. 2007) (2-1 decision in an interlocutory appeal on a RICO conspiracy double jeopardy issue; majority opinion gives defendants leave to reopen double jeopardy motion; dissent would have granted some relief)
-United States v. McMahan, 495 F.3d 410 (7th Cir. 2007), cert. gtd. judgment vacated Smith v. United States, 128 S.Ct. 917 (2008) (crack cocaine/use of telephone case)
-United States v. Segal, 495 F.3d 826 (7th Cir. 2007) (insurance businessman’s conviction affirmed; $30 million forfeiture judgment reversed and remanded on double-counting grounds)
-United States v. Warner, 498 F.3d 666 (7th Cir. 2007), en banc re’g denied, 506 F.3d 517 (convictions of former Illinois Governor and a businessman affirmed over panel and en banc dissents)
-United States v. Caputo, 517 F.3d 935 (7th Cir. 2008) (medical devices executive’s conviction affirmed; $17 million restitution judgment reversed and remanded)
-United States v. Black, 530 F.3d 596 (7th Cir. 2008), certiorari granted, 129 S.Ct. 2379 (2009)
-United States v. Presbitero, 569 F.3d 691 (7th Cir. 2009) (district court’s grant of judgment of acquittal on tax conspiracy charges reversed; although the sentencing guidelines were around five years imprisonment, the defendant was sentenced to probation with six months detention on remand)
-United States v. Are, 590 F.3d 499 (7th Cir. 2009) (raising Brady and Napue issues in heroin distribution case)
United States v. Cozzi, 613 F.3d 725 (7th Cir. 2010) (Issues relating to Chicago Police Officer’s Garrity v. New Jersey claim), cert. denied 131 S.Ct. 1472 (2011)
United States v. Favara, 615 F.3d 824 (7th Cir. 2010) (sentencing objections overruled in stock fraud case), cert. denied 131 S.Ct. 1812 (2011)
United States v. Borrasi, 639 F.3d 774 (7th Cir. 2011) (appeal after trial on Medicare remuneration charges)
United States v. O’Doherty, 643 F.3d 209 (7th Cir. 2011) (sentencing tax appeal)
Illinois Supreme Court
-Lebron v. Gottlieb, 2010 WL 375190 (2010) (medical malpractice caps found to violate Illinois Constitution; Marc Martin is one of the attorneys for a plaintiff noted in footnote 2 of the opinion)
-People v. Caruso, 205 Ill.2d 597 (2003) (extended term sentence vacated in “Lenard Clark” case)
-People v. Carrera, 203 Ill.2d 1 (2002) (trial court should have granted motion to suppress on extra-territorial jurisdiction grounds)
-Franson v. Micelli, 172 Ill.2d 352 (1996) (early DNA case in context of paternity action; Illinois Supreme Court finds that the appellate court lacked jurisdiction)
-Waller v. 1990 Ford Bronco, 158 Ill.2d 460 (1994) (dismissal of wildlife forfeiture case upheld)
-People v. Wielgos, 142 Ill.2d 133 (1991) (case addressing Illinois’ entrapment statute)
-People v. Foskey, 136 Ill.2d 36 (1990) (reversed and remanded; trial court should have granted motion to suppress and defendant’s confrontation rights were violated)
-People v. Zayas, 131 Ill.2d 284 (1989) (murder convicted reversed for a new trial where hypnosis testimony was improperly admitted)
Illinois Appellate Court
The Illinois Appellate Court often does not publish its decisions pursuant to Illinois Supreme Court Rule 23. Reported Illinois Appellate Court decisions of cases in which Marc Martin was an attorney of record include the following:
-People v. Salgado, 2009 WL 4893295 (2009) (after obtaining a remand for an attenuation hearing, the appellate court affirms the circuit court’s denial of the defendant’s motion to suppress statements; a petition for leave to appeal from this decision has been filed in the Illinois Supreme Court)
-Katalinic v. Board of Trustees of Mun. Employees', Officers', Officials' Annuity and Benefit Fund 386 Ill.App.3d 922, 898 N.E.2d 243 (1st Dist. 2008) (appellate court upholds forfeiture of city worker’s pension due to his criminal conviction)
-People v. Dresher, 364 Ill.App.3d 847, 847 N.E.2d 662 ) (1st Dist. 2006) (14-year sentence for attempt murder of wife ordered reduced; conviction affirmed)
-People v. Bowman, 357 Ill.App.3d 290, 827 N.E.2d 1062 (1st Dist. 2005) (one of the first appellate court cases in Illinois to bring an Apprendi challenge)
-In re M.K., 355 Ill.App.3d 652, 823 N.E.2d 252 (2nd Dist. 2005) (conviction reversed for insufficient evidence)
-People v. Schickel, 347 Ill.App.3d 889, 807 N.E.2d 1195 (1st Dist. 2004) (in a publicized case, the trial court finds the defendant not guilty of first-degree murder but guilty of a lesser offense alleged to be non-existent on appeal)
-People v. Deenadayalu, 331 Ill.App.3d 442, 772 N.E.2d 323 (2nd Dist. 2002) (medical doctor’s conviction affirmed)
-People v. Steppan, 322 Ill.App.3d 620, 751 N.E.2d 32 (1st Dist. 2001) (sentence vacated and remanded for re-sentencing; conviction affirmed)
-People v. Aleman, 313 Ill.App.3d 51, 729 N.E.2d 20 (2000) (controversial case affirming murder conviction where defendant had previously been tried and acquitted)
-People v. Trotter, 299 Ill.App.3d 535, 701 N.E.2d 272 (1st Dist. 1998) (rejecting lesser included offense challenge in murder case)
-People v, Reynolds, 294 Ill.App.3d 58, 689 N.E.2d 335 (1st Dist. 1998) (affirming former United States Congressman’s conviction)
-People v. Zamudio, 293 Ill.App.3d 976, 689 N.E.2d 254 (1st Dist. 1997) (challenge to “stalking” law)
-People v. Lowitzki, 285 Ill.App.3d 770, 674 N.E.2d 859 (1st Dist. 1996) (raising novel issues relating to compulsive gambling defense)
-People v. Siwek, 284 Ill.App.3d 7, 671 N.E.2d 358 (2nd Dist. 1996) (conviction affirmed over challenges to video surveillance evidence)
-People v. Patrasso, 271 Ill.App.3d 1087, 649 N.E.2d 428 (1st Dist. 1994) (post-conviction denial affirmed; defendant later released from prison after successful federal habeas corpus appeal, **).
-People v. Davilla, 236 Ill.App.3d 367, 603 N.E.2d 666 (1st Dist. 1992) (affirmance of cocaine distribution conviction and sentence)
-People v. U.S. Currency $3,108, 219 Ill.App.3d 441, 579 N.E.2d 951 (1st Dist. 1991) (early challenge to forfeiture laws resulting in appellate finding for claimant)
Notable Trials
Marc Martin has been part of “defense teams,” or, alone, has represented individuals charged with crimes in both State and Federal Court. Some notable cases include the following:
Federal
-United States v. Sheehan (only defendant acquitted in a multi-defendant trial centering around the attempted robbery of a large race track)
-United States v. Maher (one of only three acquittals in the “Operation Greylord” investigation into Cook County’s Criminal Justice system)
-United States v. Roti, (former alderman not found guilty of bribery racketeering predicate act and sentenced to reduced sentence)
-United States v. Maloney (trial and conviction of judge)
-United States v. Stillo (trial and conviction of attorney)
-United States v. Tokunaga (businessman acquitted of a labor-related bribery conspiracy)
-United States v. Chrobak (defendant acquitted of unloading $2 million worth of marijuana)
-United States v. Olson (gun shop employee acquitted in ATF sting operation)
-United States v. Tufano (currency exchange owner charged with money laundering in IRS sting operation acquitted)
-United States v. Phelan (former state representative acquitted of mail fraud charges)
-United States v. Santiago (former state representative acquitted of ghost payrolling charges)
-United States v. Gore (acquittal on slavery counts results in reduced sentence)
-United States v. Ploss (former federal administrative law judge acquitted of mail fraud charges, convicted on lesser offenses)
-United States v. Warner (government’s mail fraud theory dismissed; defendant later convicted in a trial with former Governor of Illinois)
-United States v. Black, (newspaper executive acquitted of majority of charges, but sentenced to imprisonment on lesser mail fraud charges; case is presently before United States Supreme Court on basis of jury instructions/motions prepared by Marc Martin)
-United States v. Calabrese (“Operation Family Secrets” case; conviction presently on appeal)
State
-People v. Taylor (finding of not guilty in first-degree murder case; a co-defendant (who was not ever represented by Marc Martin) recently won habeas corpus relief on the basis of a defense witness put on the stand by Marc Martin, Malone v. Walls, 538 F.3d 744 (7th Cir. 2008))
-People v. Cimbala (finding of not guilty in first-degree murder case)
-People v. Fierer (after reversal for a new trial on first-degree murder charges, People v. Fierer, 124 Ill.2d 176, 529 N.E.2d 972 (1988), Edward M. Genson and Marc Martin appeared as defense counsel and won a second-degree murder conviction; defendant, who was originally sentenced to 30 year imprisonment was sentenced to 12 years after the retrial)
-People v. Weiss (finding not guilty of manslaughter charges).
-People v. Lemak (acquittal of first-degree murder)
-Florida v. Kelly (motion to suppress granted; charges dismissed)
-People v. Kelly (jury acquittal on all charges against music superstar R. Kelly)
Forfeiture
-United States v. Segal, 495 F.3d 826 (7th Cir. 2007) ($30 million RICO forfeiture judgment reversed and remanded on double-counting grounds)
-United States v. 1989 Stratford Fairmont, 986 F.2d 177 (7th Cir. 1993)
-United States v. $448,342.85, 969 F.2d 474 (7th Cir. 1992)
-United States v. Black, 526 F.Supp.3d 870 (N.D. Il. 2007) (government’s request for forfeiture of $17 million including Palm Beach real estate denied; forfeiture limited to amounts proved to be involved in counts of conviction)
-United States v. Hosseini, 504 F.Supp. 376 (N.D. Il. 2007) (government’s request for forfeiture of $10 million proceeds denied; forfeiture limited to RICO enterprise)
-United States v. Hargrove, 2006 WL 2524133 (N.D. Il. 2006) (government’s attempt to forfeit retirement account denied)
-United States v. $9,800, 952 F.Supp. 1254 (N.D. 1996) (motion to dismiss because probable cause for forfeiture not established; the holding in this case was one of the reasons for the change of federal forfeiture laws)
-United States v. One 1986 Chevrolet Monte Carlo, 817 F.Supp. 726 (N.D. Il. 1993)
-United States v. 8215 Reese Rd., 803 F.Supp. 175 (N.D. Il. 1992) (forfeiture process violated due process)
-United States v. 5854 N. Kenmore, 762 F.Supp. 2004 (N.D. Il. 1991) (wife had entitlement to husband’s property subject to forfeiture)
-United States v. South Side Finance, 755 F.Supp. 791 (N.D. Il. 1991) (early money laundering forfeiture case)
-United States v. 15824 W. 143rd St. Lockport, 736 F.Supp. 882 (N.D. Il. 1990)
-Waller v. 1990 Ford Bronco, 158 Ill.2d 460 (1994) (dismissal of forfeiture case upheld)
-People v. U.S. Currency in the Amount of $3,108, 219 Ill.App.3d 44 (1991) (forfeiture not proved)
Wiretap Suppression Motions
-United States v. Mancari, 663 F.Supp.1343 (N.D. Il. 1987) (as law clerk prepared wiretap suppression pleadings that resulted in the granting of hearings)
-United States v. LaMantia, 1996 WL 559950 (N.D. Ill.) (lengthy wiretap of social club upheld)
-United States v. Jackson, 246 F.3d 1054 (7th Cir. 2001) (for defendant in district court; raising novel issues in case in which the government bugged prison visits)
-United States v. Coney, 407 F.3d 871 (7th Cir. 2005) (for defendant in district court) (raising issues relating to “sealing” requirements)
-United States v. Calabrese, 492 F.Supp. 96 (N.D. Ill. 2007) (while the district court denied the defendant’s Title III challenges, the government’s failure to seal some tapes resulted in them not being used at trial)
First Amendment
People v. Kelly, 921 N.E.2d 333 (1st Dist., Ill. App. Ct. 2010) (description of media challenge/First Amendment issues in trial court).
-United States v. Calabrese, 515 F.Supp.2d 880 (N.D. Ill. 2007)
-United States v. Black, 483 F.Supp.2d 618 (N.D. Ill. 2007)
• Appeals
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