Lawyer Talk: Off the Record

We get into a critical topic that often goes unnoticed: the competency and insanity defenses in criminal law. We explore the real-world implications of these legal concepts, especially in cases involving individuals with mental health issues. Steve begins by explaining the difference between competency and insanity, highlighting how these terms are often misunderstood. He uses real-life examples,...

We answer a question about criminal sentencing and the impact of prison conditions on defendants. Steve addresses is the consideration of personal history in sentencing. Many defendants and their families wonder if being a first-time offender, a charitable person, or a devoted family member will influence the judge's decision. According to Steve, while these factors do matter, they often don't car...

One of the key takeaways from this discussion is the importance of creating a solid appellate record. In Law School, students are taught to process, learn, and deal with massive amounts of information. However, the practical application of this knowledge in real-world scenarios often requires a different approach. Everything done in a legal case should be calculated with future moves in mind, akin...

Have you ever wondered why defamation cases are so challenging to win in the United States? We take a look at this complex area of law, prompted by a question from Vladimir, a law student in Croatia. Vladimir's curiosity about the comparative strength of defamation laws between the USA and other countries sets the stage for an enlightening discussion on the subject Defamation, which encompasses bo...

In our latest podcast episode, we get into the legal ethics and the often-overlooked responsibilities of prosecutors in disclosing exculpatory evidence. This evidence can be pivotal in ensuring a fair trial and just outcomes. The discussion kicks off with an overview of the landmark case Brady v Maryland, which established the prosecutor's duty to disclose any evidence that might exonerate the def...

We go with a fascinating question from listener Kathy about the concept of "fighting words" and their legal implications. This episode gets into into the complexities of free speech, examining how certain words can be deemed so offensive that they might justify legal action, even in a country that cherishes the First Amendment. Steve begins by exploring the historical context of "fighting words,"...

In this episode of Lawyer Talk, Steve Palmer delves into the intricacies of legal pleas using the recent Hunter Biden case as a backdrop. Discover the differences between Alford and no contest pleas, their implications, and why defendants might choose them. Steve breaks down complex legal jargon into simple terms, making it accessible for everyone. (00:00) Lawyer talk podcast breaks down dozens of...

We explore a tragic case that sheds light on the complexities of criminal law and the stark differences between classroom theory and courtroom reality. Joined by Troy, a second-year law student, we get into the legal implications of a DUI incident that resulted in the deaths of two Columbus Blue Jackets hockey players, both brothers, who were tragically killed the day before their sister's wedding...

In the latest episode of Lawyer Talk, Steve takes on a challenging question from a listener named Gavin: Why are district attorneys never sued when they bring frivolous lawsuits against people? This question strikes at the heart of the legal system and the protections afforded to government officials. Steve dives deep into the intricacies of prosecutorial immunity, the nuances of Section 1983 civi...

Ever wondered what happens when the police ask for your identification, and you refuse? In this episode, Steve Palmer dives into a real-life case that explores this very issue. Joined by Troy, a second-year law student at Capital University, Steve breaks down the legal intricacies of a bench trial involving a woman who was charged with obstruction of justice for not providing her full identificati...

Learn the key differences between probation and parole, and get essential advice on adhering to parole conditions. If you've ever wondered about the intricacies of parole, probation, and the legal responsibilities that come with them, this episode is a must-listen. Steve begins by clarifying the fundamental differences between probation and parole, terms often used interchangeably but with distinc...

We discuss the Idaho murder case and the complexities of jurisdiction and venue changes in criminal trials. "The issue on appeal was whether there is so much media attention, so much sensationalism, so much negative press, that it prejudiced the trial." Steve Palmer Steve Palmer and Troy dive into the complexities of the legal system that aren't covered in Law School. They discuss the high-profile...

Steve Palmer is back, and today he's tackling a crucial question from Kathy about dealing with the police. If you've ever wondered what to do when the police start asking questions, this episode is for you. Steve talks about the importance of staying silent and not making any statements to the police, despite the pressure they may put on you. He shares his professional advice on how to handle thes...

Steve Palmer answers a fascinating listener question from Kathy about the concept of "fighting words." In this episode, Steve explores the legal landscape of fighting words, tracing its origins to the 1942 Supreme Court case Chaplinsky v. New Hampshire. He explains how the Court determined that certain words could be so offensive that they might be criminalized, despite First Amendment protections...

Steve is back in action with the hot topic of police body cams and their usage. This week's question comes from John, who asks whether police officers are allowed to knowingly turn off their body cams, and if regulations vary by county. Steve explores the complexities of this issue, referencing a high-profile case in Columbus, Ohio, where a police officer's actions led to the creation of "Andre's...

If you’re convicted of a DUI or OVI in a different state from where you live and work, are you legally obligated to inform your employer? We'll explore the nuances of this question—when you might need to disclose, potential consequences, and how different states handle DUI convictions through the interstate compact. Whether you’re dealing with a one-time incident or a more complex situation involv...

In what situations can the police demand to search your car, and what should your response be? We're diving into a crucial topic many of you have asked about: what happens when the police stop your car and demand to search it? Steve tackles this 4th Amendment issue head-on, explaining the circumstances under which police can pull you over, the importance of probable cause, and your rights when it...

What are the big differences between an anti-stalking protection order and other types of protection orders in Ohio? If you have your own question and don't feel like calling a law firm, check out lawyertalkpodcast.com . There's an easy interface to submit your question, just like Jill did today, and I'll give you some commentary on it. One of the key takeaways from this episode is the distinction...

In this episode, Steve tackles the question "Can the U.S. government prosecute crimes on behalf of other countries, and vice versa?" The answer is a resounding "Yes, no, maybe," depending on various factors. He explores the nuances of how U.S. laws apply to its citizens abroad and how foreign laws can impact U.S. citizens. One of the key highlights is the discussion around the International Crimin...

In this episode of Lawyer Talk, we dive into the complex world of strict liability with Capital Law student Troy Henricksen. Join us as we explore a real-life case involving a mentally handicapped man accused of statutory rape, and break down the legal principles behind strict liability. "Strict liability means it doesn't matter that you knew, it doesn't matter that you didn't know. It just matter...

Welcome back to Lawyer Talk Off the Record! After a brief hiatus, we're excited to return with fresh content and engaging discussions. In this episode, we dive into what you can expect from the revived series, including Q&A sessions, legal breakdowns, and riveting interviews. Follow the podcast to hear about the latest in Supreme Court cases, criminal and civil law, and much more. Submit your...

With the backdrop of the Trump / Stormy Daniels hush money trial , Steve Palmer breaks down what the attorney-client privilege really means. This is taken from a recent episode of Common Sense Ohio . 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 peop...

Unpacking the $85 Million Defamation Verdict: Trump vs. Carroll In a case that has sent shockwaves through the legal community and beyond, a jury awarded E. Jean Carroll a monumental $85 million in a defamation lawsuit against Donald Trump. Our latest episode takes you behind the headlines and into the heart of this landmark legal battle. We dissect the verdict, the First Amendment implications, a...

The grand jury system is an important aspect of the American criminal justice system. As Steve Palmer, host of the Lawyer Talk podcast, points out in this episode, the grand jury is a group of jurors assembled by the county prosecutor to vote on whether there is enough evidence to indict someone on a felony. However, the grand jury system is not without controversy and questions about its fairness...

In the world of law, an appeal is not a retrial. This is a common misconception that many people have when they are facing legal issues. In reality, an appeal is a process that can only argue legal mistakes made during the trial, not the facts of the case. Appellate lawyers have limitations in their access to evidence and are only able to look at the trial record. Steve Palmer shares these insight...