K. MichaelGaerte

Recent Articles

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.
More

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.
More

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.
More

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.”
More

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.
More

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.
More

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.
More

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.
More

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.
More

Inside the Criminal Case: Can your lyrics be used against you in court?

August 27, 2014
It is common knowledge that what you say can and will be used against you. But what about what you sing or intend to sing?
More
View All Articles
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT