If you’re curious about how evidence is handled, how the system balances the rights of the accused and the challenges faced by victims, or you just want to understand the nuts and bolts of courtroom testimony, this episode is for you.

Welcome back to Lawyer Talk. I’m Steve Palmer, and in this episode, I’m digging into a question that really seems to bug people—can someone actually be convicted based solely on another person’s accusation, especially in tough cases like sexual assault?

With my years of trial and appellate experience, I've seen firsthand just how complicated the rules of hearsay can get in the courtroom.

In this episode, I break down exactly what hearsay is, why it matters, and how certain exceptions—like excited utterances and statements made for medical diagnoses—come into play, especially in sexual assault cases.

There are a lot of misconceptions out there about whether hearsay rules apply in these sensitive cases. I’ll clear things up by explaining how the rules usually work, why they’re still in force, and when the law might allow some extra statements to come in as evidence.

Here are 3 key takeaways:

1. Hearsay rules still apply: Even in sexual assault cases (including those involving children), the standard hearsay rules must be followed. There are no broad exceptions—any out-of-court statement being offered for its truth is subject to scrutiny.
2. Special exceptions can apply: Courts frequently admit statements as “excited utterances” (statements made while the speaker is still under stress from the event) or as part of medical diagnosis/treatment, especially during SANE exams or forensic interviews.
3. States may offer more leeway: Some jurisdictions create specific hearsay exceptions for sexual assault—sometimes allowing certain statements that wouldn’t be admitted in other types of cases, but it remains a nuanced and complex area that requires careful case-by-case evaluation.

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

If you’re curious about how AI is changing criminal defense, attorney-client relationships, and the law itself, you’ll want to listen in.

I’m Steve Palmer, and I’m digging into a topic that’s becoming increasingly important in the legal world—"AI is NOT Your Attorney."

In this episode, I start by reflecting on a classic lesson from law school: a lawyer isn’t a bus, and now, more than ever, a lawyer isn’t a robot either. That idea sets the stage as I walk you through a recent case out of New York—United States vs. Heppner—where the defendant used AI to analyze his legal defense.

The government seized those AI-generated results and saw them as a strategic goldmine, raising big questions about attorney-client privilege in our high-tech age.

I break down why plugging legal advice into AI isn’t protected by privilege—once you enter that information into a digital system, you might be waiving your rights to confidentiality.

From Zoom recordings to AI transcription tools, these digital conveniences can easily erode the protection clients expect.

I share practical advice for lawyers and clients on safeguarding privilege in a tech-driven landscape, and offer my thoughts on the legal precedents just beginning to take shape.

Remember, I’m not giving legal advice here—just sharing insights and real talk on today’s pressing legal challenges.

3 Key Takeaways:

1. AI is Not Privileged: Plugging sensitive legal information into AI tools—even for personal analysis—can destroy attorney-client privilege. AI is a third party, just like any non-lawyer in the room.
2. Old Rules, New Tech: Courts are applying existing privilege rules to AI, meaning that any communication shared with or processed by AI platforms could be discoverable by opposing counsel or the government.
3. Be Ultra-Cautious: Lawyers and clients must be careful with technology in legal settings. From transcription devices to Zoom recordings with disclaimers—if a third-party tool is present, privilege may be lost.

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

This episode will have you rethinking the boundaries of attorney-client relationships.

Steve Palmer and Troy tackle a listener follow-up that blurs the lines between legal advice, ethical dilemmas, and real-world drama. Prompted by an actual late-night client question, they dig into the complexities of attorney-client privilege—especially when the lawyer suddenly finds themselves not just the advisor, but the victim of the client’s misadventure.

The scenario gets juicy: imagine you're a lawyer who gets a call from a client confessing to sideswiping several cars after a night out—only to later discover your own car was one of the casualties.

Steve Palmer walks through how he'd handle this wild conflict of interest, why he'd have to recuse himself, and the ethical landmines he’d navigate (including a call to his own ethics lawyer).

The conversation spirals into pop culture, referencing legal thrillers and the kind of movie-worthy quandaries lawyers hope they’ll never actually face.

Here are 3 key takeaways:

1. Conflicts of Interest Are Inevitable: Sometimes your professional and personal lives collide—literally. When you become both the victim and the advisor, you must recognize and address conflicts of interest head-on.
2. Client Confidentiality Remains Supreme: Even when faced with personal loss, what you learn through privileged communication as an attorney stays confidential. That duty doesn’t change while you figure out your next steps.
3. Seek Guidance (Even as a Lawyer!): When in doubt, reach out. Consulting with an ethics lawyer is a smart move when confronted with a unique ethical quandary.

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