Lawyer Talk: Off the Record

One of the big questions that’s been coming up everywhere lately: how does the First Amendment actually work when it comes to online pornography? In this episode, I break down the recent Supreme Court case, Free Speech Coalition Inc. v. Paxton, which addresses whether states can require age verification pop-ups on adult websites and whether that crosses the line into unconstitutional territory. I’...

Law school spends a lot of time on big constitutional theories and landmark cases, but what about the nuts and bolts, like Rule 16, filing demands for discovery, and wading through endless hours of body cam footage? I’m here to shed light on all of it. Today, we get into the gritty details of what criminal discovery actually looks like in practice. From being buried under mountains of police video...

The Importance of Fair Trials for Everyone: "If anybody deserves a fair trial, it is the most guilty, deplorable person you can possibly imagine. Because if he can get a fair trial, then you, when you're not guilty, you can get a fair trial too..." - Steve Palmer Using Weinstein’s high-profile New York conviction as our guide, I break down why the court’s decision to allow testimony from other all...

The Reality of Courtroom Standards: "And we don't talk in terms of factual innocence in the courtroom very often. It comes up sometimes on appellate sides of things, but for the most part, it's whether the prosecutor has proved somebody." - Steve Palmer This is about the notorious case involving Brian Wilson (no, not the Beach Boys icon), who’s been charged with the murder of two police officers u...

Legal Nuance in Vehicular Homicide Cases: "So the jury said, look, we think the prosecutor has proved all the elements of drunk driving, meaning operating a motor vehicle while under the influence of alcohol or operating the motor vehicle with a prohibited blood alcohol content. But we don't think that the prosecutor proved the actual homicide or the murder or the death component of it." - Steve P...

Online Privacy and Law Enforcement Access: "We're arguing that we have a reasonable expectation of privacy when we use these platforms. If we wanted our identity out there, we wouldn't conceal it with a pen name or a handle or whatever you use, a username. And by creating these alternative names, we are telling the world we don't want everybody to have access to my true identity." - Steve Palmer W...

I am focusing on the complex world of unique criminal convictions—cases like shaken baby syndrome, child sex offenses, and other serious charges that nobody likes to talk about, but that I deal with every day as a defense attorney and appellate advocate. These cases stand out because the evidence can often be questionable, and the stakes couldn't be higher. I’ll share my own experiences handling a...

Should you expect to pay for an initial consultation with a lawyer? This came up thanks to a great question from one of our production guys, and I realized it’s something a lot of folks are curious about, especially after seeing those “free consultation” ads everywhere. I’ll walk you through the realities of when lawyers actually charge for that first meeting—why it happens more often in areas lik...

In today’s episode, we’re doing something a little different—we’re actually talking about what you do learn in law school, specifically when it comes to those infamous final exams. I am joined by law student Troy Hendrickson, who’s just wrapped up his second year and lived to tell the tale. If you’ve ever wondered what law school finals are really like, buckle up. Forget what you know about underg...

Should you represent yourself in court? This topic came to mind after I watched a viral video of a defendant trying to go it alone in front of a judge down in Texas, and it got me thinking about the risks and realities of self-representation. Drawing from my own experiences—and remembering that classic line often attributed to Abraham Lincoln, “He who represents himself has a fool for a lawyer”—I’...

I hear all the time: "How do some cases end up in the Ohio Supreme Court or even the U.S. Supreme Court so quickly, when most seem to crawl through the system?" I’ll walk you through the usual process of appeals and then show you how certain hot-topic cases—like challenges to executive orders or big government actions—can take a legal shortcut. I’ll explain how declaratory judgment actions and eme...

In this “What’s the Appeal?” episode, I’ll walk you through the ins and outs of getting a case in front of the Ohio Supreme Court, unpacking the crucial difference between correcting mistakes at trial and tackling broader questions of law that really get the justices’ attention. I’ll explain why not every error at a lower court qualifies for supreme court review, what makes an issue important enou...

I’m digging deeper into what it’s really like to consult with a lawyer—especially when it comes to criminal defense. I’ll walk you through a recent experience from my own practice, where a well-meaning inquiry turned into an intensive back-and-forth with countless emails and complex attachments. This got me thinking about the fine line between offering initial guidance and the reality that, just l...

I’m tackling a question I hear all the time: “How do lawyers get paid—and what actually happens if my case takes an unexpected turn?” This week, I’m breaking down a listener’s real-world concerns about flat rate fees in criminal defense cases. I’ll walk you through how these agreements usually work, what you should look for in a fee contract, and why it’s so important to have clear communication a...

Why do some defendants want to withdraw their guilty pleas, and what are the most common reasons? This comes up all the time in my legal practice: What can you do if you plead guilty and then change your mind? I’ll be sharing what really happens behind the scenes when someone wants to withdraw their guilty plea, especially if the sentence they get isn’t what they expected. I’ll explain how joint r...

Let's look at a topic that’s been making a lot of headlines lately: the use of the Alien Enemies Act for deportations, especially with talk around Trump’s immigration policies. Now, don’t worry—I promised to keep things non-political, and I plan to stick to that. Instead, I’m here to walk you through what’s really going on behind the scenes: the legal procedures and how these cases play out in cou...

I’m digging into a question I get all the time—should you talk to the police if they reach out and want you to come down to the station? I know this one makes a lot of folks nervous, especially if you’re worried that staying quiet might make you look guilty, but you’re also hearing that you should never talk to the police without a lawyer. In this episode, I’m sharing a real scenario from a listen...

I want to tackle a hot topic that's getting a lot of attention here in Ohio: police qualified immunity. There's been some buzz lately with talk of amending the Ohio constitution to eliminate qualified immunity, and with moves from the Attorney General and even the Ohio Supreme Court nudging this issue closer to the ballot, the debate is really heating up. I break down what qualified immunity actua...

Ever wondered what "en banc review" really means in appellate law? On this episode of Lawyer Talk, I break down this rarely used but powerful legal maneuver in a way that’s both clear and practical. Here are 3 key takeaways from the conversation: En Banc Explained: En banc review refers to a request for the entire appellate court—not just the typical three-judge panel—to re-hear a case. This usual...

I hear this question a lot—have Uber and Lyft actually led to fewer drunk driving cases? Drawing on my years of experience as a DUI defense attorney, I share how rideshare apps have shifted the landscape of drinking and driving, especially among 21-year-olds today. I also discuss why, even with the best intentions and easy access to Uber and Lyft, people still find themselves in trouble after a fe...

Sarah in Ohio reaches out to ask about her nephew, who was recently convicted of attempted murder and felonious assault in what they believe was a clear-cut case of self-defense. After losing their appeal and feeling like the state courts haven’t given them a fair shake, Sarah wants to know: can they skip straight to the United States Supreme Court? I break down exactly how the appellate process w...

Ever wondered if you can sit in on a jury trial? I get asked this question all the time: Can you just walk into a courtroom and watch a jury trial, especially if it’s your loved one on trial? Drawing from my experience as a criminal defense attorney, I break down the constitutional rights that guarantee public trials, share some stories from my own time in court, and talk about the rare instances...

Anyone appealing a conviction should always consider post-conviction strategies and consult lawyers who understand their importance and deadlines. I take you behind the scenes of Ohio’s post-conviction hearings—a part of the criminal appellate process that’s often misunderstood and, frankly, overlooked. Building on our previous discussion, I explain what post-conviction petitions are, why they mat...

Think DNA evidence always means someone’s guilty? Think again! Fresh off a hearing where I examined multiple DNA experts, both for the defense and the prosecution, I want to break down the common misconceptions and hidden complexities surrounding DNA today. With technology now able to detect just the tiniest traces—sometimes as little as 20 cells—the interpretation of DNA evidence has become far l...

I'm Steve Palmer, I'll be sharing some of my personal experiences and insights on how incredibly precise court reporters can be, despite the challenges they face. You'll hear about both the marvelous precision and the occasional horror stories of unreliable transcriptions. I'll also talk about the transformative role of modern technology in this essential part of the legal process. Whether you're...