I’m taking you behind the scenes of a fascinating aspect of criminal appeals that most people overlook: the cross appeal. Now, I know it might sound boring or routine at first, but trust me—once you’re in the thick of appellate work, it gets a whole lot more interesting.

I’ll be sharing a recent experience from my own legal practice, where, after winning a significant post-conviction case, the state decided they weren’t ready to walk away and filed an appeal against our victory. That put me at a crossroads—should I file a cross-appeal to cover the few issues the judge didn’t rule in our favor on, even though we’d already won big?

I’ll break down the strategic reasons behind a cross appeal, the importance of preserving every argument for my client, and why sometimes, in appellate law, thinking several moves ahead is the key to real justice. If you’ve ever wondered about the nitty-gritty of criminal appeals, why every detail matters, or what it takes to go toe-to-toe with the government after a win, this episode is for you.

Key Takeaways from this episode:

• A cross appeal preserves your arguments: If the opposing party (like the State) appeals a favorable decision, you may need to file a cross appeal to ensure all the issues you raised get reviewed—crucial for “playing chess” with the appellate process.
• Protecting future rights: By raising every possible issue on appeal, you protect your client’s ability to bring those arguments to higher courts, like the Supreme Court, if needed. Failure to do so could waive those issues forever.
• Specialized appellate expertise matters: Appellate practice is a different world from trial work. Having a lawyer who understands the finer points of state and federal appeals can make all the difference for your case’s outcome.

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

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