I’m tackling the twists and turns of the criminal appellate process—particularly the difference between direct and indirect appeals, also known as post-conviction or habeas corpus actions.

I’m drawing directly from my experiences and real questions that come up in my practice, breaking down what I call the “appellate ladder” that anyone must climb after a conviction, especially here in Ohio.

I’ll explain why you can’t just skip steps in the appeal process, even if it feels like it might save time or money. Skipping a rung can create procedural traps, especially if you’re hoping to take your case up to the federal courts later on. I know how tempting it can be to jump ahead, but I’ll show you why following every step is crucial if you want a real shot at relief.

I’m here to cut through the legal jargon and share practical advice for anyone facing an appeal—or just curious about how the process really works. And yes, I’ll even throw in a Mario Bros. analogy to make it all a bit more fun. Stick around if you want to understand the true “appeal” of appeals!

Moments

00:00 Consider indirect appeal first; it's often more successful and cost-effective than the direct appeal, saving time and legal resources.

03:30 Habeas corpus in federal court is complex; missing technicalities at the state level can lead to case dismissal.

Here are 3 key takeaways from the episode:

• There Are Two Appellate Ladders: The criminal appellate process includes a direct appeal (challenging errors from the trial as recorded in the official record) and an indirect or post-conviction appeal (addressing issues outside the record). Both play crucial roles.
• Don’t Skip Steps: As tempting as it is to save time and money by jumping straight to the “stronger” argument, skipping any step in the ladder can lead to procedural default—meaning federal courts may not even consider your case.
• Strategic Foresight is Vital: Allowing each court level to rule preserves your right to seek relief at the federal level (like habeas corpus). Shortcuts, unfortunately, just aren’t an option in appellate law.

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...

In this Q&A episode, I answer a question about search warrants and explain the difference between a standard motion to suppress and the all-important Franks motion.

Responding to a listener’s question, I break down how police affidavits are used to obtain search warrants, what happens when there’s a lack of probable cause, and what it means if law enforcement lies—or leaves out key information—when seeking a warrant.

I walk you through how the Fourth Amendment protects your privacy, how courtroom strategies develop, and why it’s so important to keep solid communication with your defense attorney if you’re ever facing criminal charges.

Whether you’re caught up in your own case or just curious how all this plays out in real life, this episode gives you a practical, step-by-step guide straight from my experience in the trenches.

Moments

00:00 Under the Fourth Amendment, law enforcement must present a sworn statement or affidavit to a judge, establishing probable cause and a nexus between the search location and evidence of criminal activity.

03:41 Exclusionary rule: Illegally obtained evidence is inadmissible in court; supports motions like suppressing evidence or Frank's motion.

08:35 Discuss police report discrepancies at Frank's hearings; consult your lawyer for strategy and communication.

Here are my top 3 takeaways:

Know the Difference:

A traditional motion to suppress focuses exclusively on what’s contained within the “four corners” of the search warrant affidavit. If the affidavit lacks probable cause, that’s your argument.

A Franks motion takes it a step further—challenging the truthfulness of the statements in that affidavit. If police knowingly lied or omitted critical information, the entire warrant (and seized evidence) can be thrown out.

Procedural Impact Matters:

Motion to suppress hearings are mostly decided on the documents—you don’t typically get to call witnesses or present new evidence.

Franks motions can turn into full-blown evidentiary hearings, where you get to subpoena officers, cross-examine them, and introduce evidence showing intentional falsehoods or omissions.

Strategic Use:

Skilled defense attorneys often file both types—creating multiple avenues to contest the evidence and strengthen your client’s defense.

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....

Whether you’re curious about the details of the preliminary hearing, how the defense will handle the mountain of evidence, or why even the most reviled defendants still deserve a robust legal defense, this episode will unpack the complexities and answer your pressing questions as the case unfolds.

This is what you NEED to know about how the justice system will handle the country’s highest-profile case right now.

The Basics: No Grand Jury in Utah

Utah does things differently—there’s NO grand jury. Prosecutors file charges directly, supported by a probable cause affidavit. This initial phase is all about protecting everyone’s rights, even for the accused in horrific crimes.

Why Probable Cause Matters

A probable cause statement lays out the evidence/accusations, so prosecutors can’t just grab anyone off the street. It’s a paper trail under oath of what the State knows so far.

Initial Appearance: Enter the Accused

The defendant’s first court appearance was done over Zoom/WebEx for safety (think: avoid any “Jack Ruby” moments; if you know, you know). At this appearance, charges are read out loud to give proper notice.

No Bond—And Why

Because the DA is seeking the death penalty, Utah law doesn’t allow for bond in these cases. The defense can’t even make a pitch for release.

Next Up: The Preliminary Hearing Showdown

This is the big one! It’s a live mini-trial where prosecutors have to show the judge enough evidence (probable cause) to move forward. Unlike secret grand juries, this is an open court. If prosecutors flop, the case is dismissed. Expect this hearing to be highly watched.

Public Defenders = Real Lawyers

Don’t knock court-appointed counsel! Death penalty cases require certified, highly trained lawyers. The defense gets the budget for experts—think DNA, ballistics, cyber-forensics.

Mountains of Evidence = Slow Process

With “truckloads of discovery”—every text, Discord chat, DNA swab—review takes TIME. The right to a speedy trial is for the defendant, but in reality, you can’t prep a case of this scale in a few months.

Constitutional Protections Are for Everyone

“This case exemplifies why we have these rights”—even for those accused of monstrous acts. The goal: avoid botched trials, which can lead to appeals and more pain for everyone.

Strategy Talk: What Will the Defense Do?

Expect the defense to check the client’s competency, dig into all the digital evidence, and build rapport (trust is HARD when the system appoints your lawyer). Every fact counts.

Will the Public See Everything?

Not likely. Much discovery stays in the hands of lawyers—public interest is huge, but releasing it all risks poisoning the jury pool and jeopardizing witnesses.

What’s Next? Possible Outcomes…

• Dismissal at preliminary hearing (unlikely, but possible if evidence falls short)
• Plea deal (maybe in exchange for info on other involved parties)
• Full-blown jury trial (with a death penalty phase if convicted)

The Emotional Toll on Lawyers

Even veteran defense attorneys admit: Sometimes a case hits too close to home. If emotions might interfere, you step aside. The system only works if both sides are at their best.

Bottom line:

This is the justice system in the public eye—every step under scrutiny. Don’t let the info vacuum fuel wild theories; wait for facts, demand answers, watch the legal process unfold.

Moments

00:00 Understanding Probable Cause Statements

08:12 Reduced Risks in Prisoner Transport

14:17 "Aggravating Circumstances in Question"

18:21 Court-Appointed Death Penalty

From navigating the temptations (and pitfalls) of using your personal cell phone for business to setting clear expectations with clients—especially when things move slowly, like in appellate cases—we get real about the day-to-day struggles of keeping clients informed without burning out.

We discuss why establishing boundaries from the start is not just practical but essential, and how maintaining professionalism with friends and family as clients can be a minefield if not handled properly.

Whether you’re in law school, thinking about practice management, or just aiming to survive your legal career without drowning in missed texts and client frustration, this episode is packed with honest insights, actionable tips, and the kind of advice every law student wishes they’d gotten sooner.

So grab your notebook—because these are the lessons they don’t teach you in law school.

Here are our top 3 takeaways:

Set Communication Expectations from the Start

Make it clear to clients how, when, and where you’ll communicate. This prevents missed messages, unrealistic demands, and misunderstandings.

Keep Client Communication Organized and Secure

Avoid mixing personal devices with client business. Use law practice management tools (with secure messaging) to ensure everything is confidential, logged, and accessible when you need it.

Treat Friends and Family as Clients—Professionally

The temptation to “bend the rules” for those you know can backfire. Use the same intake and communication protocols for everyone; it ensures nothing slips through the cracks.

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

If you’ve ever wondered who really makes laws in this country or what happens when protest and free speech collide, stick around.

Let's look at President Trump’s executive order on flag burning.

There’s a lot of chatter out there about what an executive order actually is, what power the president really has, and how the Constitution fits into all this—and honestly, a lot of people are getting it wrong.

So, I’m here to clear things up. I’ll break down exactly what Trump is trying to do with this order, why it’s not quite what some people think, and what the law actually says about flag burning (hint: we’re talking about First Amendment rights and the Supreme Court’s big decision in Texas v. Johnson).

Additionally, I’ll share a great quote from Justice Scalia and discuss why our right to criticize the government—even in contentious ways—matters so much.

Here’s the real story, beyond the barstool chatter and media soundbites:

Executive Orders Aren’t Laws

The President can issue executive orders to guide administrative agencies, but they can’t make new laws—that power comes from Congress.

The Limits of Presidential Power

Executive actions can’t override the Constitution. Flag burning, for example, is considered symbolic speech protected by the First Amendment (see: Texas v. Johnson, 1989).

Fighting Words & Incitement Matter

Trump’s directive targeted flag burning only if it “incites violence”—a narrow exception that still faces tough constitutional scrutiny and likely doesn’t change much in practice.

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

Here's a question from listener Andy: “Do I have to show police my ID if they randomly ask me in public?”

I talk about what the law actually says, why some states have specific rules, and how the Supreme Court has weighed in on the whole situation.

You’ll get the scoop on what “reasonable suspicion” really means, whether the cops can just stop you for no reason, and what you should know if you ever find yourself in this spot.

If you’ve ever wondered where your rights begin and end during a police encounter, this episode is for you.

Key Takeaways:

• Police Need Reasonable Suspicion: Officers can’t randomly demand ID from anyone on the street—they must have a “reasonable suspicion” that some criminal activity is occurring.
• State Laws Vary: Many states, including Ohio, have “stop and identify” statutes. Even so, these laws typically still require a valid reason for the stop; it can’t be completely arbitrary.
• Emergency Exceptions Are Limited: While there are some situations (like an active crime scene or search for a suspect) where police have broader authority to request identification, these exceptions are carefully scrutinized by courts.

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

I’m explaining the confusing world of DUI breath tests and answering one of the most common questions I get: should you take a breathalyzer if police stop you?

Based on real questions from listeners and my own experience as a lawyer, I'm breaking down the concept of “implied consent”—that idea that just by driving in Ohio (and most other states), you’re agreeing to breath testing whether you realize it or not.

I explain what really happens if you refuse to take a breath test, clear up some common myths, and get into the details of how the law treats your so-called “right” to refuse.

Whether you might face this situation yourself or you just want to understand how these laws work, I’m here with practical advice and smart legal insight.

Here are 3 key takeaways for anyone who drives:

• Implied Consent is Real

When you get a driver’s license, you’re implicitly agreeing to submit to breath tests if stopped by law enforcement—not just in Ohio, but across much of the U.S.

• You Can Refuse, But There Are Consequences

Refusing a breathalyzer isn’t as simple as just saying “no.” In Ohio, for example, refusal leads to an immediate administrative license suspension—the officer can literally take your license on the spot.

• It’s About Evidence & Risk

While refusing a test may keep law enforcement from getting direct evidence, it doesn’t mean you avoid penalties. The decision to submit or refuse is nuanced and should factor in both the legal and practical consequences.

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 are discussing what they never teach you in law school—how the real world of law clerkships really works. Joining me is Troy Hendrickson, my resident law clerk and a current law student, who brings his own fresh experiences to the table.

Together, we break down what it actually means to be a law clerk—beyond the fancy titles—and get honest about pay expectations, resume-boosting positions, and the difference between big firm opportunities and the invaluable, hands-on education you get in a smaller practice like mine. We talk money, motivation, government jobs versus the private sector, and why sometimes the most valuable lessons don’t come with the biggest paychecks.

If you’re in law school, just starting your legal career, or simply curious about what a clerkship looks like on the ground, you’ll want to hear this conversation.

Key Moments

00:00 "Law School vs. Real-World Practice"

03:53 Avoided Big Law Temptations

08:34 Law Salary Expectations Disparity

12:10 Pre-Internet Problem-Solving Skills

14:29 "Mastering Skills Through Experience"

17:25 Paralegals: Efficient Alternatives in AI

19:40 Value Learning Over Initial Pay

22:53 "Law School's Economic Lessons"

Here are my top three takeaways:

• The Prestige and the Pay Are NOT Equal: Big Law may pay top dollar for summer clerks, but not every opportunity is a financial windfall—and often, the most prestigious or educational clerkships pay the least. Don’t overlook the value of experience for resume-building, even if the paycheck is modest.
• The Real Learning Starts Outside the Classroom: Most of the practical skills that make you valuable in a law practice—drafting, filing, firm workflow—aren’t taught in law school. You’ll learn by doing, often starting with the “menial” work that teaches the business from the ground up.
• Focus on the Experience (Not Just the Dollars): Especially in smaller firms or government settings, you might earn less, but the breadth of hands-on work and real legal training can set you apart. As Steve pointed out, the value of an opportunity isn’t always reflected on your paycheck—and sometimes, learning how things really work is worth more than a few extra bucks an hour.

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...