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 Palmer The Karen Reed case. It's a story that’s captured national attention and is even featured in a...
Jul 01, 2025•5 min•Season 7Ep. 439
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 We’re living in a world where so much of our personal information is online, from Snapchat and Instag...
Jun 30, 2025•12 min•Season 7Ep. 438
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 appeals and post-conviction work for clients I genuinely believe to be innocent, and I’ll explain why...
Jun 24, 2025•6 min•Season 7Ep. 437
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 like domestic relations and how conflicts of interest can come into play. I’ll also break down exactly ...
Jun 23, 2025•4 min•Season 7Ep. 436
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 undergrad exams—here it’s all about three to four hours of high-pressure essays that can make or break you...
Jun 19, 2025•28 min•Season 7Ep. 435
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’ll share why even I, as a practicing attorney, would never want to represent myself, especially when...
Jun 18, 2025•6 min•Season 7Ep. 434
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 emergency appeals can move these issues straight to the top of the judicial ladder, sometimes almost ov...
Jun 17, 2025•6 min•Season 7Ep. 433
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 enough to reach that level, and exactly what lawyers need to argue to give their case a fighting chance....
Jun 10, 2025•6 min•Season 7Ep. 432
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 like Abraham Lincoln said, a lawyer’s time is their stock in trade. I’ll talk about how I try to stri...
Jun 09, 2025•5 min•Season 7Ep. 431
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 about money from the very start. I’ll also dig into how retainer fees and hourly billing can play a r...
Jun 02, 2025•12 min•Season 7Ep. 430
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 recommendations work here in Ohio, why clear communication between lawyers and clients is absolutely ...
May 28, 2025•11 min•Season 7Ep. 429
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 court. Recently, federal judges in different parts of the country have been coming to completely opposi...
May 27, 2025•4 min•Season 7Ep. 428
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 listener (names changed, of course!) whose son was asked to speak with officers about an incident involvin...
May 26, 2025•6 min•Season 7Ep. 427
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 actually is, why it matters for police officers, government workers, and regular folks like us, and what ...
May 21, 2025•4 min•Season 7Ep. 426
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 usually happens when a decision may conflict with other rulings, in-state or statewide. When & Why to...
May 20, 2025•3 min•Season 7Ep. 425
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 few drinks. I tell some real-life stories from my practice and offer practical advice on how to truly ...
May 19, 2025•5 min•Season 7Ep. 424
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 works and why, no matter how urgent or important your case feels, you can’t just jump right to the Su...
May 13, 2025•6 min•Season 7Ep. 423
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 where a courtroom might be closed to the public. Whether you’re hoping to support someone you care a...
May 12, 2025•9 min•Season 7Ep. 422
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 matter, and share my recent experience handling a rare, week-long post-conviction hearing. I break down...
May 06, 2025•6 min•Season 7Ep. 421
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 less straightforward than many believe. I share real-world examples, including cases where innocent p...
May 05, 2025•8 min•Season 7Ep. 420
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 interested in how flawed records can be corrected or the significance of genuine communication in th...
Apr 22, 2025•8 min•Season 7Ep. 419
We're tackling a question submitted by Andy through LawyerTalkPodcast.com about expunging disorderly conduct, battery, or misdemeanor charges from your record. I break down the difference between record sealing and expungements here in Ohio, especially since the law has recently changed to allow for more complete removal of records. I explain the ins and outs of what can and can't be expunged or sealed, particularly when it comes to domestic violence or more serious crimes. Plus, I walk you thro...
Apr 21, 2025•6 min•Season 7Ep. 418
I'm discussing the critical aspect of the appellate process: the hidden costs that can arise after a conviction. In this episode, I share my personal experience with the sticker shock of obtaining a trial transcript for an appeal. It's a glimpse into the financial burdens that these expenses can impose on those looking to contest their convictions and how unforeseen costs can sometimes stand in the way of justice. Drawing from my years of appellate work, I shed light on the challenges and potent...
Apr 15, 2025•8 min•Season 7Ep. 416
In this Q&A session, I talk more about the realm of privacy and the Fourth Amendment. I answer an intriguing comment from a listener concerning our fundamental right to privacy and how it fares against government actions. I'll explore both sides of this debate, tackling questions about individual rights, the role of law enforcement, and the precarious balance between safety and freedom. We unravel why these constitutional protections are crucial, and what they mean for you. Here are three ke...
Apr 14, 2025•6 min•Season 7Ep. 415
We're talking about those real-world scenarios law students won't find in our textbooks. In this "They Don't Teach You That in Law School" edition, we tackle the complex and fascinating topic of entrapment. We explore everything from undercover operations and chat room stings to the infamous DeLorean cocaine case, decoding what truly constitutes entrapment and examining the differences between what we're taught and what really happens in practice. We peel back the curtain on high-profile cases a...
Apr 09, 2025•27 min•Season 7Ep. 414
I discuss the intricacies of post-conviction petitions and the nuances of the appellate process. As a seasoned appellate lawyer, I shed light on the critical timelines that can make or break an appeal and emphasize the importance of understanding the difference between a direct appeal and post-conviction petitions. I outline the crucial steps that need to be taken immediately following a conviction to ensure all avenues for appeal are properly pursued. With real-life examples and expert advice, ...
Apr 08, 2025•6 min•Season 7Ep. 413
In this episode, I'm looking back at our earlier debate ignited by a listener's comment on aerial privacy and the law. Joining me in the clip I reference is Troy Hendrickson, one of the two sharp law students from our They Don't Teach You That in Law School series. We're exploring the question: What happens when airplanes fly over your property? Do you have any reasonable expectation of privacy from above? I'll explain how the law strives to balance fixed rules with the need for flexibility in a...
Apr 07, 2025•6 min•Season 7Ep. 412
In this episode, we're talking about the practicalities of the legal profession that law school often overlooks. From the stress of managing a law practice to the nuances of client relations, we uncover how the real world changes the idealistic image painted in textbooks. We also touch on the importance of building a network and the unique challenges faced by those starting their own practice, especially in fields like criminal defense. Whether you're a seasoned lawyer, a law student, or someone...
Apr 03, 2025•22 min•Season 7Ep. 411
In this episode, I explain the intricacies of Ohio's OVI laws in another one of our stimulating DUI 360 episodes. I'll be shedding light on why Ohio poses unique challenges for those facing OVI (or as it's known elsewhere, DUI) charges. This is largely due to an old case law called State versus Vega, which restricts defendants from questioning the general reliability of breath test machines in court. This leaves DUI lawyers, like me, with fewer defenses to work with. Key Takeaways Two Charging M...
Apr 02, 2025•5 min•Season 7Ep. 410
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 pivot...
Apr 01, 2025•5 min•Season 7Ep. 409
