Can New Witness Testimonies Unlock a Post-Conviction Appeal? | Lawyer Talk Q & A

In this episode, I focus on the challenges and possibilities of appealing a criminal conviction long after the fact.

I emphasize that while ideally appeals and legal inquiries should be pursued promptly after conviction, there are still avenues available for those who discover new evidence years later.

Key Takeaways from the Episode:

Immediate Action is Key: Steve emphasizes the importance of acting swiftly after a conviction, as the best time to appeal is right after the verdict.

Limitations After Time Passes: The legal options become limited the longer you wait. The law favors finality, making appellate proceedings increasingly difficult as time goes by.

Newly Discovered Evidence: If a case is old, uncovering newly discovered evidence can be a viable path. This could include a witness recanting their testimony or finding out that key evidence was improperly withheld by the prosecution.

Thorough Investigation: Steve describes the process of employing a private investigator to review original transcripts and interview witnesses, forming a basis for motions like a new trial.

Conviction Integrity Units: These units within prosecutor offices may help identify any misconduct or overlooked evidence from past convictions.

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