I break down the legal layers, privilege, and free speech controversies swirling around Colorado’s statute.

Welcome back to Lawyer Talk, off the record and on the air. I'm Steve Palmer, and today, I'm taking you on a deeper dive into Chiles v Salazar —a Supreme Court case that’s got Colorado’s ban on conversion therapy in the spotlight and raises big questions around the First Amendment.

Brett from Circle 270 Media, our producer, threw out a great follow-up:

Does privilege come into play in therapy sessions affected by these laws?

I’ll be unpacking whether those counselor-patient conversations are really privileged, how privilege impacts legal investigations, and why the core issue isn’t privilege itself, but the government's push to regulate speech.

3 Key Takeaways:

• Privilege Doesn’t Override Constitutional Issues: Whether a conversation is privileged or not, the legal challenge is about the government restricting speech—constitutionally protected or not, privilege isn’t the deciding factor. (Speaker A at 02:05)
• Privileged Communication Isn’t Absolute: Privilege can be waived by the client; if the patient shares what was said in therapy, privilege may no longer apply and authorities could use that information. (Speaker A at 03:16)
• Enforcement Hurdles: Privilege makes investigation tougher (since conversations are confidential), but state agencies may look to marketing materials, interviews, or other disclosures to identify violations or trigger probes. (Speaker A at 04:06)

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

Whether you’re studying law or just curious about how these cases unfold, I’ll help you understand the real steps, strategy, and legal framework that govern state and federal lawsuits.

Welcome back to Lawyer Talk! I’m Steve Palmer, and in this episode, Troy and I look into a great listener question:

According to the Constitution, if a state is a party in a case, does the Supreme Court have original jurisdiction?

I walk through how Article III of the Constitution lays out the Supreme Court’s authority—especially when two states are involved in a dispute, like boundary issues or environmental matters.

But most cases where a state is suing the federal government, especially those we saw during COVID, actually start in lower federal courts. Troy jumps in with insights about venue selection and how lawyers can “forum shop” for a friendly judge.

We break down the process that gets a case from your local Ohio court all the way up to the US Supreme Court, highlighting the difference between preliminary injunctions and final decisions on the merits. I clarify why the Supreme Court isn’t there to fix mistakes, but to interpret and shape constitutional law.

Here are 3 key takeaways from our conversation:

• Original jurisdiction is limited: The Supreme Court only has original jurisdiction in very specific cases, such as disputes between two or more states, not just when any state is involved.
• Most cases climb a long ladder: State litigation usually starts in the lowest courts and works its way up. Even after reaching the state’s highest court (like the Ohio Supreme Court), cases might move to the U.S. Supreme Court under strict requirements, especially needing a substantial constitutional issue.
• Habeas corpus offers another path, but it’s rare: After state appeals are exhausted, federal habeas corpus proceedings can be used—starting in district court, up to the circuit court, and possibly, the Supreme Court. However, the Supreme Court rarely takes these cases.

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’ve ever wondered what happens if you fail a polygraph, whether it can ever help your case, or why a test you take privately doesn’t have to be shared with the government, you’re in the right place.

I’m Steve Palmer, and in this episode, I’m joined by Troy as we talk about the world of polygraphs, or as most people call them, lie detector tests.

With all the legal myths and pop-culture legends swirling around, we wanted to cut through the confusion and talk candidly about how polygraphs are actually used in the legal system, why they’re usually not admissible in court, and how they can still play a significant role behind the scenes—whether we’re talking about the investigative phase, plea negotiations, or proffers.

We’ll swap stories from high-profile cases, unpack what really happens during a polygraph exam, and have some fun busting a few of the old wives’ tales that tend to come up—like whether squeezing your sphincter can actually help you pass a test (spoiler alert: probably not). I’ll also explain my own philosophy on when it makes sense to use polygraphs as a defense tool, and when it’s better to steer clear.

Here are 3 key takeaways:

• Polygraphs are mostly inadmissible in court: Despite their pop culture appeal, polygraph results typically can’t be presented as evidence during trial. However, they do play a role during investigations and negotiations.
• Strategic tool for defense (with big caveats): Defense attorneys may use polygraphs to sway prosecutors, influence sentencing decisions, or avoid charges altogether, but the risks are significant—especially if a “stipulated polygraph” is involved.
• Importance of question clarity and an experienced examiner: Success or failure hinges on how questions are phrased and who administers the test. Ambiguity in questions often leads to unreliable results.

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