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.

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.

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.

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.

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.”

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.

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.

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.

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.

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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