How Discovery Really Works in Criminal Cases | They Don't Teach You That In Law School

Law school spends a lot of time on big constitutional theories and landmark cases, but what about the nuts and bolts, like Rule 16, filing demands for discovery, and wading through endless hours of body cam footage?

I’m here to shed light on all of it.

Today, we get into the gritty details of what criminal discovery actually looks like in practice. From being buried under mountains of police video, to dealing with last-minute evidence dumps and navigating Brady violations—I share real stories, practical advice, and the kind of candid perspective that comes from decades in the trenches.

If you’re a future lawyer, a legal enthusiast, or just curious about what really goes on in a trial, this episode is for you. So sit back, relax, and join me at the law school table as we dig into the stuff you won’t find in the textbooks.

Moments

00:00 "Law School Versus Real Practice"

05:55 "Time Costs: Law Clerk Solution"

08:38 "Case Discussion and Human Bias"

12:23 Evidence Overlooked: Raising Concerns

15:45 Unprepared for Trial Defense

17:43 "Prosecutors as Foxes: Trust Issues"

Here are my top three takeaways from the conversation:

• Practical Discovery Knowledge is Often Missing from Law School: While law school dives deep into constitutional theory, many students aren’t exposed to the everyday realities of criminal procedure, like Ohio’s Rule 16 and the actual process of filing and responding to discovery demands.
• Managing Evidence is a Major Challenge: With technology, gathering evidence like body and dash cam footage has become both a blessing and a burden. Reviewing hours of footage from multiple officers can consume entire weeks of attorney time — something clients and new lawyers should understand.
• Discovery Rules are Not Just Formalities: The rules about timely and complete evidence disclosure are not just procedural checklists. Late or incomplete discovery can fundamentally change trial strategy, require continuances, or in some cases, even lead to a dismissal — and it’s up to defense counsel to fight for the fair application of these rules.

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

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