Lawyer Talk: Off the Record

Can the Government Appeal an Acquittal? | Lawyer Talk Q&A


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If you’ve ever wondered how verdicts really work, what rights defendants have, and whether prosecutors can get a second chance after a loss in court, you won’t want to miss this insightful episode.

Welcome back to Lawyer Talk! In this episode, host Steve Palmer dives into a recent Columbus, Ohio case involving police officer Connor Grubbs, who was acquitted of homicide-related charges after a controversial shooting incident. While the case sparked plenty of heated debate, today’s focus is on a fascinating legal question: can the government appeal an acquittal if they disagree with the verdict?

Drawing from his decades of criminal defense experience, Steve Palmer breaks down why—thanks to the Fifth Amendment and double jeopardy protections—the answer is a firm “no.” He also sheds light on those rare exceptions when a government CAN appeal, such as when evidence is suppressed before trial.

Got a legal question? Steve Palmer invites listeners to reach out for future episodes at LawyerTalkPodcast.com.

Key Takeaways:

  • No Appeals After Acquittal: Once a jury finds a defendant not guilty, the government cannot appeal the verdict. This is a fundamental protection for defendants in our justice system.
  • Limited Exceptions Exist: The government can sometimes appeal pre-trial rulings—such as when crucial evidence is suppressed—but only before trial and never after an acquittal.
  • Double Jeopardy Protection: The Fifth Amendment’s double jeopardy clause prevents the government from putting someone on trial for the same crime more than once, cementing the acquittal as final.

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 2026 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

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Lawyer Talk: Off the RecordBy Stephen E. Palmer - Attorney At Law

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