We get into a critical topic that often goes unnoticed: the competency and insanity defenses in criminal law. We explore the real-world implications of these legal concepts, especially in cases involving individuals with mental health issues.

Steve begins by explaining the difference between competency and insanity, highlighting how these terms are often misunderstood. He uses real-life examples, including a poignant story from Troy about a mentally incompetent individual jailed for assault. This story sets the stage for a broader discussion on how the legal system handles such cases.

Throughout the episode, Steve provides a comprehensive breakdown of the legal standards for determining competency, referencing landmark cases like Dusky v. United States and Jackson v. Anthony. He also touches on the procedural aspects, such as filing motions for competency evaluations and the subsequent steps if a defendant is found incompetent.

In addition, the episode delves into the insanity defense, discussing its different tests and how it can be used in court. Steve shares insights from his own practice and highlights the importance of constitutional protections for all individuals, regardless of their mental state.

Whether you're a law student, a practicing attorney, or just someone interested in the intricacies of criminal law, this episode offers valuable insights and practical knowledge that you won't find in textbooks.

(00:00) Lawyer talk podcast features advice from a practicing criminal defense lawyer

(01:51) Let's address the competency stuff and how that works

(07:03) If somebody is found incompetent, what do you do? Right

(09:17) Supreme Court said you can't hold incompetent people forever

(10:21) Insanity is different than competency, but it's a jury question

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 2024 Stephen E. Palmer - Attorney At Law

We answer a question about criminal sentencing and the impact of prison conditions on defendants.

Steve addresses is the consideration of personal history in sentencing. Many defendants and their families wonder if being a first-time offender, a charitable person, or a devoted family member will influence the judge's decision.

According to Steve, while these factors do matter, they often don't carry as much weight as people hope. "It's usually that it's already there and it's baked in and it becomes part of the case," he explains. The reality is that prosecutors and judges are generally aware of a defendant's background, and this information is often factored into the initial charges and plea deals.

Another significant point Steve discusses is the harsh reality of prison life. He emphasizes that both judges and prosecutors are aware that "prison sucks," but it's his job to ensure they fully grasp the impact a prison sentence can have on someone's life.

From missing crucial years with family to the psychological toll, Steve paints a vivid picture of why it's essential to consider these factors during sentencing. "When a prosecutor gets a little bit cliche or flip about a prison sentence, I'm like, hold on a second. That's a long time," he asserts.

Steve also sheds light on the differences between federal and State prison systems. In federal court, there are more opportunities for negotiating where a defendant will serve their sentence. This can make a significant difference, especially for elderly or disabled defendants.

Additionally, the concept of compassionate release, which gained prominence during the COVID-19 pandemic, offers a glimmer of hope for those who are severely ill or facing extenuating circumstances.

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 2024 Stephen E. Palmer - Attorney At Law

One of the key takeaways from this discussion is the importance of creating a solid appellate record. In Law School, students are taught to process, learn, and deal with massive amounts of information.

However, the practical application of this knowledge in real-world scenarios often requires a different approach.

Everything done in a legal case should be calculated with future moves in mind, akin to playing three-dimensional chess. This strategic thinking ensures that even if a motion is lost, the groundwork is laid for a strong appeal.

The episode also highlights the recent change of venue case involving Brian Kohberger, which serves as a perfect example of meticulous legal strategy. The defense filed a 320-page motion for a change of venue, supported by four experts who provided statistical analysis and sociological studies. This comprehensive approach not only helped win the motion but also created a robust record for any potential appeals.

Real-world application of law often involves going beyond the obvious arguments and presenting concrete evidence to support your case. Another crucial aspect discussed is the role of experts in legal cases. While it might seem unnecessary to have experts State the obvious, their testimony can provide the court with the concrete terms needed to make informed decisions.

In the Kohberger case, experts helped quantify the potential prejudice in the original venue, making it clear that a fair trial would be difficult to achieve. This level of detail is often what sways judicial decisions and ensures that justice is served. The episode wraps up with a discussion on the financial aspects of legal defense, particularly for indigent clients.

Ensuring a fair trial often involves significant expenses for experts and investigators. However, the legal system must provide these resources to maintain the integrity of the judicial process.

This conversation underscores the importance of understanding the practicalities of legal defense and the need for adequate funding to ensure justice for all.

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 2024 Stephen E. Palmer - Attorney At Law

Have you ever wondered why defamation cases are so challenging to win in the United States?

We take a look at this complex area of law, prompted by a question from Vladimir, a law student in Croatia. Vladimir's curiosity about the comparative strength of defamation laws between the USA and other countries sets the stage for an enlightening discussion on the subject

Defamation, which encompasses both libel and slander, is a tort that allows individuals to sue for reputational harm caused by false statements. However, the elements required to prove defamation in the United States are stringent. The plaintiff must demonstrate that the defendant made a false statement of fact about them, that this statement was made to a third party, and that the plaintiff's reputation suffered as a result. These elements are deeply rooted in common law and have evolved through various statutes and landmark cases.

One of the most significant factors influencing defamation cases in the USA is the First Amendment, which fiercely protects freedom of speech and freedom of the press. This constitutional backbone makes it particularly difficult to succeed in defamation lawsuits, especially against publications.

The landmark case of New York Times vs. Sullivan further complicated matters by establishing that a plaintiff must prove 'actual malice' to win a defamation suit against a news organization. This means that the plaintiff must show that the publication knew the statement was false or acted with reckless disregard for the truth.

Our discussion also touches on the challenges lawyers face when taking on defamation cases. These cases are notoriously hard to win, often requiring significant Time and financial investment with no guarantee of success. As a result, many lawyers are hesitant to take them on, and plaintiffs may struggle to find representation.

Despite these challenges, understanding the intricacies of defamation law is crucial for anyone interested in legal studies or the protection of free speech. By examining the elements of defamation, the impact of the First Amendment, and the precedent set by New York Times vs. Sullivan, we gain a clearer picture of why defamation cases are so complex in the United States.

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 2024 Stephen E. Palmer - Attorney At Law

In our latest podcast episode, we get into the legal ethics and the often-overlooked responsibilities of prosecutors in disclosing exculpatory evidence. This evidence can be pivotal in ensuring a fair trial and just outcomes.

The discussion kicks off with an overview of the landmark case Brady v Maryland, which established the prosecutor's duty to disclose any evidence that might exonerate the defendant. This duty, however, is not always straightforward.

Prosecutors must not only disclose the evidence they have but also actively seek out any exculpatory information that might be in the possession of the police or other government entities. This affirmative duty is crucial in maintaining the integrity of the legal process.

We then move on to real-life examples. The case highlights the dire consequences when prosecutors fail to disclose exculpatory evidence. The discussion reveals that the prosecutor's duty extends beyond their own files and includes any information the State might possess. This often leads to tension and challenges in the courtroom, especially when such evidence is discovered late in the trial process.

One of the most intriguing parts of the episode is the exploration of Conviction Integrity Units (CIUs). These units, which exist in only a handful of counties, are designed to review cases and ensure that justice is served. These units are like internal affairs departments within the prosecutor's office, tasked with scrutinizing past convictions for potential errors or misconduct.

The episode discusses how CIUs can uncover crucial evidence that was previously overlooked or withheld, potentially leading to exonerations and the correction of wrongful convictions.

Prosecutors, defense attorneys, judges, and police officers are all prone to mistakes. The adversarial nature of the legal system is designed to bring these mistakes to light, but it requires diligence and integrity from all parties involved. The episode concludes with a call for more widespread adoption of CIUs and other measures to ensure that justice is not only pursued but achieved.

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 2024 Stephen E. Palmer - Attorney At Law

We go with a fascinating question from listener Kathy about the concept of "fighting words" and their legal implications.

This episode gets into into the complexities of free speech, examining how certain words can be deemed so offensive that they might justify legal action, even in a country that cherishes the First Amendment.

Steve begins by exploring the historical context of "fighting words," referencing the landmark Supreme Court case Chaplinsky vs. New Hampshire from the 1940s. This case was one of the first to address whether certain offensive words could be criminalized.

The Supreme Court upheld the New Hampshire statute, marking a significant moment in the legal history of free speech. However, Steve notes that this decision has been gradually eroded over the years, particularly during the Vietnam era, when cases involving anti-government protests and insults directed at police officers were often ruled as protected speech under the First Amendment.

One of the key takeaways from this episode is the nuanced nature of the "fighting words" doctrine. While the Supreme Court has allowed for some limitations on free speech, these instances are rare and often contentious.

Steve explains that most speech, no matter how offensive, is still protected, emphasizing the importance of the First Amendment in safeguarding our freedom of expression.

The episode also touches on the rights of juveniles in public schools, referencing another significant case, Tinker vs. Des Moines Independent School District. This case involved a student who wore a black armband to protest the Vietnam War, leading to a landmark ruling that students do not lose their constitutional rights when they enter a public school.

Steve highlights this case to illustrate that free speech protections extend to all individuals, regardless of age, and that schools cannot arbitrarily limit these rights.

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 2024 Stephen E. Palmer - Attorney At Law

In this episode of Lawyer Talk, Steve Palmer delves into the intricacies of legal pleas using the recent Hunter Biden case as a backdrop. Discover the differences between Alford and no contest pleas, their implications, and why defendants might choose them. Steve breaks down complex legal jargon into simple terms, making it accessible for everyone.

(00:00) Lawyer talk podcast breaks down dozens of legal topics

(00:36) Hunter Biden tried to plead no contest to tax fraud charges

(05:19) Bill Clinton: Alfred plea was used in civil rights cases back in 1963

(08:53) Steve Palmer: Judges have ultimate authority to accept or reject guilty pleas

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 2024 Stephen E. Palmer - Attorney At Law

We explore a tragic case that sheds light on the complexities of criminal law and the stark differences between classroom theory and courtroom reality. Joined by Troy, a second-year law student, we get into the legal implications of a DUI incident that resulted in the deaths of two Columbus Blue Jackets hockey players, both brothers, who were tragically killed the day before their sister's wedding.

The episode begins with an overview of the case, where the brothers were riding bicycles on the berm when a car, driven by an individual over the legal alcohol limit, struck and killed them. This heartbreaking incident serves as a backdrop for a deeper discussion on the legal principles that govern such cases.

One of the key concepts discussed is "mens rea," a fundamental element in criminal law that refers to the mental State of the defendant at the time of the crime. The host explains that to commit a crime, one must have both an act (actus reus) and a mental state (mens rea). This principle is crucial in understanding why certain actions, like running a red light, can lead to severe consequences if they result in fatalities.

The discussion then shifts to the differences between negligence and recklessness. Negligence, as explained, is typically a minor misdemeanor, often resulting from simple mistakes like changing the radio station at an inopportune moment. However, when actions are deemed reckless, such as texting while driving or speeding excessively, the legal consequences can escalate to felonies. The addition of alcohol to the mix further complicates matters, leading to charges like vehicular homicide or aggravated vehicular homicide.

Throughout the episode, real-world examples and case studies are provided to illustrate these legal principles in action. The host shares personal experiences from his legal practice, highlighting the emotional and ethical challenges faced by both the victims' families and the defendants. The role of grief and forgiveness in sentencing is also explored, offering a nuanced perspective on how different families cope with such tragedies.

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 2024 Stephen E. Palmer - Attorney At Law