K. MichaelGaerte

Recent Articles

Inside the Criminal Case: The exclusionary rule is on a losing streak

July 13, 2016
The latest defeat for the exclusionary rule came in the case of Utah v. Strieff.
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Inside the Criminal Case: When your client is speaking to others

March 23, 2016
“Say nothing.” This advice seems simple enough, but any attorney with a few years under his or her belt knows that the advice is often not heeded.
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Inside the Criminal Case: Immunity and Bill Cosby’s motion to dismiss

January 27, 2016
On Dec. 30, 2015, comedian Bill Cosby was charged with sexual assault in Pennsylvania. These charges stemmed in part from various admissions Mr. Cosby made in a deposition in a civil suit. After learning this news, several thousand criminal defense lawyers scratched their balding heads as they Monday morning quarterbacked the decision to submit Cosby to a deposition.
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Inside the Criminal Case: Gluten, grandpas and reasonable suspicion to stop a vehicle

December 2, 2015
“Back in our day,” reasonable suspicion for a traffic stop was based upon objective evidence that the suspect had committed a traffic violation.
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Inside the Criminal Case: New playbook for prosecuting white collar crime

October 7, 2015
There is a theme that permeates the news reporting of the 2008 financial crisis: no one went to jail as a consequence. In possible reaction to this theme, the U.S. Department of Justice recently issued a bulletin that has since been referred to as the “Yates Memo.”
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Concerns with supervised release conditions

August 12, 2015
The 7th Circuit has issued a series of additional opinions, shedding more light on the goals, scope and limitations of conditional release.
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Inside the Criminal Case: The duty to correct the trial court in a criminal case

June 17, 2015
Prosecutors and criminal defense lawyers need to know that there are times they are required to correct the trial court’s record.
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Inside the Criminal Case: The admissibility of Robert Durst’s confession

March 25, 2015
If we had told you three weeks ago that a man walked into the bathroom with a live microphone and did some things he would live to regret, you would have probably thought we were referring to a scene from “The Naked Gun” movie. By now, however, you know that we are referring to the statements suspected murderer Robert Durst made while “mic’d up” for an HBO documentary.
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Inside the Criminal Case: Grand juries in Indiana shrouded by law

December 17, 2014
The effectiveness of grand juries has been in the news lately. In one case, a Missouri grand jury failed to indict a police officer in a case involving the death of an unarmed suspect. When inconsistent testimony was raised as a possible justification for this result, many opined that police needed to carry body cameras. However, approximately a week later, a New York grand jury failed to indict another police officer involved in the death of an unarmed suspect where the officer’s interactions with the suspect were caught on a cellphone video. This led lawyers and non-lawyers alike to wonder what happens behind the closed doors of grand juries. This article speaks to how grand juries are used in Indiana.
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Inside the Criminal Case: Contempt, punctuality and expressing yourself to a court

October 22, 2014
We advise our clients that unfortunately, delays can be part of the court experience. However, one thing we have never advised our clients to do is “tell the court how you really feel.” Or, as Dave Chappelle would say, we have never advised our clients to “keep it real” with the court.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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