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 potential solutions when faced with these unexpected financial hurdles.

Whether you're directly dealing with an appeal or simply curious about the legal intricacies, this episode offers valuable insights into an often-overlooked part of the legal process.

Key Takeaways

Sticker Shock of Transcripts: The cost of obtaining trial transcripts can be unexpectedly high, as seen with a recent $9,800 estimate for a four-day trial. It's a sobering reality for many families trying to appeal convictions.

The Necessity of Transcripts: Despite the costs, transcripts are crucial for effective appellate work. They provide a clear record of the trial proceedings, which is essential for building a strong appeal case.

Planning for Hidden Costs: Individuals looking to appeal should be prepared for these hidden costs, as they can significantly impact the decision to pursue appellate action. Considering potential expenses ahead of time can help in better financial planning.

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

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

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 key takeaways

• Balancing Act: I highlight the importance of balancing the need for security with individual privacy rights. While stopping crime is crucial, maintaining control over personal spaces without unwarranted searches is just as important.
• Fourth Amendment Protections: The Fourth Amendment is designed to protect citizens from government overreach. It's not only about the 'bad actors' but also understanding that even good intentions can lead to infringements on privacy if not checked.
• Assert Your Rights: Even if you're not hiding anything illegal, it's essential to understand and assert your legal rights. I stress the importance of knowing your rights to ensure they remain intact for everyone.

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 2025 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

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 and the controversial role of the administrative state. Whether you're a law student, a lawyer, or just curious about how these defenses play out, this episode is sure to expand your perspective.

I reference our past episode Cocaine Island, Episode 100.

Teachable Moments

00:00 "Entrapment: Back to the Future Discussion"

03:06 "Entrapment and Criminal Intent"

09:01 Understanding Entrapment's Complexity

12:08 Using Prior Convictions in Court

14:13 Understanding Estoppel in Law

19:02 Entrapment by Estoppel Explained

21:06 "Rethinking Government Insurance Involvement"

24:19 Interpreting Law: The Regulatory Maze

Here's a quick peek at what's discussed:

• Understanding Entrapment: Ever wondered what really counts as entrapment? Bella and Troy pose some burning questions about how this defense works, with examples you might recognize from "To Catch a Predator."
• Real-World Legal Insights: I share my professional insights and anecdotes, touching on famous cases like the DeLorean entrapment case from the '80s. It's a fascinating look at how these defenses are argued beyond the classroom.
• The Role of Entrapment by Estoppel: Learn about this lesser-known defense strategy and how it's applied in unique situations, like the tale of the Southern Ohio tomato farmers.
• The Challenges of the Administrative State: The episode also tackles the complexities of regulatory schemes and the intricacies of administrative law that aren't typically taught within the four walls of a classroom.

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

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

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, I provide invaluable guidance for anyone navigating the complex legal terrain post-conviction.

So, if you or someone you know is facing an appeal, this episode is a must-listen.

Here's a sneak peek at some of the key takeaways:

• Timelines are Critical: Always be aware of the deadlines. In Ohio, for instance, the post-conviction petition deadline starts one year from when the trial transcript is filed in the court of appeals on the direct appeal.
• Know Your Ladders: I always emphasize the importance of understanding the two "ladders" in appellate work—direct appeal and post-conviction. Ignoring one can mean missing vital deadlines and opportunities to raise certain issues.
• Seek the Right Expertise: For a successful post-conviction petition, it’s essential to assemble the right team of expert witnesses. Whether it's medical, psychological, or forensic experts, their involvement can significantly influence the case.

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

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

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 an ever-changing world, especially with advancements in surveillance technology.

Here are 3 key takeaways

• Applying Rules to Extremes: Lawyers often use seemingly far-fetched examples to test legal rules to their logical extremes, helping to identify exceptions and crafting rules that are both robust and adaptable.
• Evolving Legal Frameworks: As technology advances, the law must evolve too. Crafting legal rules involves finding a balance between providing clarity and adapting to unforeseen technological advancements.
• Dynamic vs. Rigid Law: A major theme is finding the balance between finality and adaptability in the law, allowing it to be both definitive for current use and flexible enough to suit future scenarios.

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 2025 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

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 considering this path, you'll find valuable insights into the day-to-day hustle of legal work.

Key Takeaways

• Expect the Unexpected: In real-world practice, lawyering isn't just about the grandeur cases and fancy cars. It's about juggling unexpected challenges and learning on your feet. Whether it's a surprise trial date or last-minute client issues, adaptability is essential.
• Client Relationships Are Crucial: Unlike public defenders, private lawyers must maintain a robust connection with their clients. Building trust isn't just about solving legal problems but understanding unique client needs beyond the courtroom.
• The Art of Business in Law: Starting a practice involves more than just legal knowledge. From understanding file management to keeping the phones ringing, the business side of a law practice is a constant learning curve. Success requires balancing client expectations with professional and personal workloads.

Teaching Moments

05:16 Starting a Law Practice Challenges

09:36 Public vs. Private Legal Representation

12:09 Role of Counselors in Legal Jobs

16:24 "Balancing Private Practice Demands"

17:57 Military vs. Civilian Life: Predictability

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

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

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 Methods: Ohio has two main avenues for charging OVI: the traditional way, where you're obviously impaired, and the per se way, which considers you guilty if your blood, breath, or urine shows a prohibited alcohol content, regardless of how sober you might appear.
• State vs. Vega: Ohio's unique legal precedent, established by State vs. Vega, prohibits attacking the general reliability of breath test machines in court. I delve into why this makes defending OVI cases particularly tough here, compared to other states.
• Admin Rule Concerns: There's a significant debate over non-elected officials making binding rules, like Ohio's Director of Health declaring breath test machines reliable without needing courtroom scrutiny. I explore the implications this holds for defendants.

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

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

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 pivotal role.

Whether you're curious about the appeal process or want to explore some fascinating US Supreme Court arguments, this episode has you covered.

What can you expect to learn?

• The unique dynamics of presenting an oral argument and how it differs from trial court proceedings.
• My top strategies for making a compelling case during an oral argument, focusing on the importance of pointing out inequities in the trial process.
• Why oral arguments are not just about reiterating written briefs but about adding "meat on the bone" to reinforce your points effectively.

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

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

In this episode, I've got an intriguing legal question for you that goes right into the heart of the Fourth Amendment. We're exploring a listener's thought-provoking comment about the tricky balance between zoning laws, personal privacy, and government overreach. Ever wondered if police can use drones to spy on you without a warrant? Well, that's exactly what we're unpacking today.

I'll be discussing how building restrictions, like those pesky fence height limitations, intersect with our constitutional rights. We'll look at the sliding scale of privacy expectations and the complex world of government regulations. Plus, I'll talk about what all this means for our Fourth Amendment freedoms. It's an interesting conversation that challenges us to think critically about our rights and the laws that shape them.

Here's what you need to know:

Privacy vs. Regulations: There's a tension between zoning laws and your Fourth Amendment rights. If you're restricted from certain privacy measures, like building a high fence, what does that mean for your expectation of privacy?

Freedom of Choice: We still have the choice of where to live, which impacts our privacy expectations. If living in a regulated area, sometimes our expectations of privacy need to adjust accordingly.

Government Regulation Watch: If regulations start infringing on Fourth Amendment rights without a solid basis, they must be scrutinized. It's essential to understand when governmental action may overstep constitutional protections.

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 2025 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

In this episode, I sit down with law student Troy for a really interesting chat about how criminal prosecution works, particularly when a victim isn’t willing to testify. We look at what rights victims have in the legal system and how the state can still move forward with a case even if the victim isn’t cooperating. We also take a look at laws like Marcy's Law in Ohio and how they impact things.

Our conversation covers how these legal rules come into play in high-pressure situations and sheds light on important topics like evidence and confrontation rights. Plus, we discuss the unique challenges prosecutors face. Whether you’re studying law or just curious about how criminal defense operates, this episode gives you a fascinating glimpse into the stuff you might not learn in law school but will definitely encounter in the field.

Key Moments

04:19 Prosecutors Shifting to Victims' Input

06:42 "The Burning Bed" Synopsis

11:23 Courtroom Debate: Prosecutor vs. Victim Rights

14:15 "Matlock Moment in Court Dramas"

16:56 Confrontation and Defendant's Rights

19:25 Proving Guilt Without Victim Testimony

22:29 Jury Doubt and Confrontation Clause

27:15 "Mastering Rules Before Creativity"

Here's what you'll discover

• Victim's Role: Understand the implications of Marcy's Law and how victim input is dynamically shaping courtroom decisions - but not always as a deciding factor.
• Confrontation Conundrum: Gain clarity on the Sixth Amendment's Confrontation Clause and its critical role in ensuring defendants can question their accusers in court, which is fundamental to fair trials.
• Evidential Challenges: Learn about how the absence of victim testimony creates hurdles for the prosecution and how hearsay exceptions can or cannot overcome these obstacles.

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

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