What makes evidence admissible in court?

Steve Palmer and Troy Henricksen break down how prior events, like video footage of the deceased’s previous encounter with law enforcement, might be considered in a future trial.

The conversation navigates the complex world of character and propensity evidence, shedding light on legal rules that often come into play when emotions are running high.

Whether you’re a law student, practicing attorney, or just interested in the legal reasoning behind headline cases, this episode is packed with nuanced insight into the evidentiary process and the real-world challenges of balancing fair trials with public opinion.

Here are 3 key takeaways:

1. Purpose Matters: As Steve Palmer points out, the number one question when introducing evidence is, “What is the evidence being offered to prove?” Without clarity on purpose, admissibility can't be properly assessed.
2. Character Evidence Is Tricky: Evidence of prior behavior (like Pretti’s confrontation with police a week before his death) is generally inadmissible to show “propensity” — i.e., that someone acted a certain way before, so they must have acted that way again. Exceptions exist, but they're narrow and depend heavily on context.
3. “Opening the Door” Exception: If prosecutors present someone as peaceful, defense can rebut with evidence to the contrary. But, as discussed, this isn’t a license for all prior acts to come in—it has to be relevant to claims actually made in court.

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

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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