I talk about the intricacies of oral arguments in the appellate process.

What happens during oral arguments at the court of appeals?

It's not about calling witnesses or retrying the case; it's about presenting compelling legal arguments to a panel of judges. I explain the importance of highlighting inequities in the trial and making a persuasive case for why the appeal should succeed. I also share insights into the dynamic nature of these proceedings, including how judges' questions play a pivotal role.

Whether you're curious about the appeal process or want to explore some fascinating US Supreme Court arguments, this episode has you covered.

What can you expect to learn?

• The unique dynamics of presenting an oral argument and how it differs from trial court proceedings.
• My top strategies for making a compelling case during an oral argument, focusing on the importance of pointing out inequities in the trial process.
• Why oral arguments are not just about reiterating written briefs but about adding "meat on the bone" to reinforce your points effectively.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, I've got an intriguing legal question for you that goes right into the heart of the Fourth Amendment. We're exploring a listener's thought-provoking comment about the tricky balance between zoning laws, personal privacy, and government overreach. Ever wondered if police can use drones to spy on you without a warrant? Well, that's exactly what we're unpacking today.

I'll be discussing how building restrictions, like those pesky fence height limitations, intersect with our constitutional rights. We'll look at the sliding scale of privacy expectations and the complex world of government regulations. Plus, I'll talk about what all this means for our Fourth Amendment freedoms. It's an interesting conversation that challenges us to think critically about our rights and the laws that shape them.

Here's what you need to know:

Privacy vs. Regulations: There's a tension between zoning laws and your Fourth Amendment rights. If you're restricted from certain privacy measures, like building a high fence, what does that mean for your expectation of privacy?

Freedom of Choice: We still have the choice of where to live, which impacts our privacy expectations. If living in a regulated area, sometimes our expectations of privacy need to adjust accordingly.

Government Regulation Watch: If regulations start infringing on Fourth Amendment rights without a solid basis, they must be scrutinized. It's essential to understand when governmental action may overstep constitutional protections.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, I sit down with law student Troy for a really interesting chat about how criminal prosecution works, particularly when a victim isn’t willing to testify. We look at what rights victims have in the legal system and how the state can still move forward with a case even if the victim isn’t cooperating. We also take a look at laws like Marcy's Law in Ohio and how they impact things.

Our conversation covers how these legal rules come into play in high-pressure situations and sheds light on important topics like evidence and confrontation rights. Plus, we discuss the unique challenges prosecutors face. Whether you’re studying law or just curious about how criminal defense operates, this episode gives you a fascinating glimpse into the stuff you might not learn in law school but will definitely encounter in the field.

Key Moments

04:19 Prosecutors Shifting to Victims' Input

06:42 "The Burning Bed" Synopsis

11:23 Courtroom Debate: Prosecutor vs. Victim Rights

14:15 "Matlock Moment in Court Dramas"

16:56 Confrontation and Defendant's Rights

19:25 Proving Guilt Without Victim Testimony

22:29 Jury Doubt and Confrontation Clause

27:15 "Mastering Rules Before Creativity"

Here's what you'll discover

• Victim's Role: Understand the implications of Marcy's Law and how victim input is dynamically shaping courtroom decisions - but not always as a deciding factor.
• Confrontation Conundrum: Gain clarity on the Sixth Amendment's Confrontation Clause and its critical role in ensuring defendants can question their accusers in court, which is fundamental to fair trials.
• Evidential Challenges: Learn about how the absence of victim testimony creates hurdles for the prosecution and how hearsay exceptions can or cannot overcome these obstacles.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, I'm drawing from my extensive experience in criminal appellate practice to emphasize how important it is to meet filing deadlines after a conviction. Think of it as a game of chess—when you meet your deadlines, your strategic options are wide open, much like having a queen in the center of the board.

But miss those deadlines, and it's like finding your queen trapped in a corner with limited moves.

Focusing on the legal system in Ohio, I'll explain the necessity of filing a notice of appeal within thirty days of your sentencing entry and share strategies for those who have unfortunately missed the deadline.

Beware of the jurisdictional challenges if these deadlines slip by, especially when aiming for reviews in higher courts. It's crucial to engage a knowledgeable appellate lawyer quickly to explore every possible option for appeal.

Key Takeaways

• Criticalness of Deadlines: Missing the 30-day deadline for filing a notice of appeal can severely limit your legal options. It's like having your chess queen cornered on the board, reducing your chance of success.
• Options for Missed Deadlines: In Ohio, you might still have a few techniques to explore if you miss your direct appeal, especially with the right justifications.
• Importance of a Specialized Appellate Lawyer: Engaging a knowledgeable appellate lawyer is vital for exploring all your options globally and preserving your case for potential federal review.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

I'm tackling a timely question from our listener, Thomas, about the legality of police waiting outside bars and following drivers. Thomas's neighbor was recently pulled over for a DUI after rolling through a stop sign.

I'll walk you through why law enforcement often sets up near bars during peak drinking hours and discuss what makes certain police practices legal and constitutional in these scenarios.

Remember, this isn't legal advice, but rather a chance to clear up common misconceptions and let you know the nuances of traffic stops and DUI charges.

Key Takeaways

• Strategic Patrols: Just like hunters and fishers go where they expect to succeed, police often patrol areas near bars to catch potential drunk drivers. While this might feel unfair, it's not illegal.
• Traffic Violations Matter: Even minor infractions, like rolling through a stop sign, can give police a reason to pull you over. If there's an observable traffic violation, this is viewed as a justified stop under the Fourth Amendment.
• Expectation of Privacy: Although we have a reasonable expectation of privacy in our cars, police need a valid reason for traffic stops, and a traffic violation can provide that reason.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

After a conviction, many wonder what their next steps should be, and I'm here to provide insight into that very process.

As a practicing attorney with Palmer Legal Defense, I've handled numerous appeals not only in Ohio but in federal and state courts nationwide.

In this episode, I focus on the direct appeal process, which moves directly from the trial court conviction to the court of appeals. I explore what mistakes can be argued based on the trial record, including evidentiary errors and courtroom rulings, and what issues must be saved for other appeals.

So, if you're curious about the legal intricacies post-conviction, stay tuned as I start climbing the direct appeal ladder.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

What are the potential reasons a lawyer might withdraw from a case, and how do these reasons relate to attorney-client privilege?

With law students Bella Mata and Troy Hendrickson, I discuss the complexities surrounding a lawyer's decision to withdraw from a case. Using a recent high-profile legal situation as a backdrop, the conversation unravels the layers of ethical and moral considerations faced by defense attorneys.

Key Takeaways:

• Ethical Dilemmas: Withdrawal from a case is not always straightforward. Lawyers must navigate complex ethical and moral grounds, ensuring they do not compromise the client's right to effective representation.
• Reasons for Withdrawal: Common reasons include conflicts of interest, financial issues such as non-payment, and personal beliefs or moral conflicts that prevent a lawyer from providing unbiased representation.
• Judge's Role: A court must grant permission for a lawyer to withdraw from a case. The judge's decision is pivotal and can depend on various factors, including the attorney's reason for withdrawal and the potential impact on the client's right to a fair trial.

Key Moments

00:00 Motivations of a Defense Lawyer

05:27 Questioning Legal Fit or Capacity

07:08 Motion to Withdraw Explained

10:30 "Judge Removal Due to Ethics"

14:24 "Rico's Uncertain Trial Status"

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

I tackle a crucial yet often misunderstood aspect of the legal process – the suppression hearing.

After receiving a client question, I break down what a suppression hearing entails, explaining the motions filed to challenge evidence admissibility based on constitutional rights like the Fourth and Fifth Amendments.

I hope you will gain insights into the burden of proof required from the prosecution, the role of the defense, and the strategic importance of evidence such as body cam and dash cam footage.

For anyone facing a DUI/OVI charge or working in the legal field, understanding suppression hearings is pivotal.

Key Takeaways

• What is a Suppression Hearing? I explain the function of a suppression hearing, emphasizing its role in challenging the admissibility of evidence in court. It’s not just legal jargon; understanding it could make a significant difference in the outcome of a case.
• The Legal Process: Learn about the motions filed by defense attorneys seeking to have evidence thrown out. I explain how these motions work and what constitutional violations they might allege, focusing particularly on Fourth and Fifth Amendment rights.
• Burden of Proof: Discover who carries the burden of proof during a suppression hearing and the strategic advantage this provides the defense. I share an anecdote from his early days in law school, highlighting this key aspect.
• Body Cam and Dash Cam Footage: In today's technological age, evidence collection has evolved. I discuss how crucial body cam and dash cam footage have become in presenting or defending a case.
• Real-life Application: Through the lens of an upcoming case I am working on, you will get a firsthand understanding of how these legal principles come into play in real scenarios.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law