Daniel W. Swear
Swear on the Stand
Court decisions are complex and difficult to digest. This podcast is designed to educating listeners on current legal decisions in a fun and interesting way. Researched by me and produced with the assistance of AI.
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Autor
Daniel W. Swear
Kategorie
Web podcastu
Nejnovější epizoda
30. říj 2026
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Epizody
The Mechanics of Deception: Lockheed Martin False Claims Appeal 15.03.2026 48:08
This episode discusses an opinion from the Fifth Circuit Court of Appeals detailing a whistleblower lawsuit brought by Maria Ferguson against Lockheed Martin under the False Claims Act . Ferguson, a former internal auditor, alleged that the defense contractor knowingly used fraudulently inflated subcontractor labor costs to overcharge the government on several military aircraft programs....
Savage v. LaSalle: Affirming Dismissal for Failure to Prosecute 14.03.2026 46:35
This episode discusses a formal opinion from the United States Court of Appeals for the Fifth Circuit regarding a lawsuit involving William T. Savage, Sr. and LaSalle Management Company . The court chose to affirm a lower court’s decision to exclude all of the plaintiff's evidence and dismiss the case with prejudice due to a persistent failure to prosecute . Over a four-year period...
United States v. Ponce: Probable Cause in Border Searches 13.03.2026 40:36
This episode is from the United States Court of Appeals for the Fifth Circuit regarding an appeal filed by Juan Jose Ponce . The case centers on Ponce’s conviction for illegally transporting an undocumented person after a border patrol agent discovered a woman hidden inside a speaker box in his SUV. Ponce challenged the legality of the search , arguing that his Fourth Amendment rights we...
Faith, Finance, and the Fifth Circuit: United's Vaccine Mandate Suit 12.03.2026 51:59
This episode details an opinion from the United States Court of Appeals for the Fifth Circuit regarding a class-action lawsuit against United Airlines over its COVID-19 vaccine mandate . Several employees alleged the airline failed to provide religious and medical accommodations , effectively forcing them into unpaid leave or punitive masking protocols. The court affirmed a lower court'...
Order Denying Renewed Motion for Judgment and New Trial 11.03.2026 37:48
This episode details a judge’s decision to deny a plaintiff’s request for a new trial or a reversed judgment following a jury’s defense verdict. The case originated from a defendant's arrest for a hit-and-run, which he argued was conducted without probable cause and based on a deputy’s reckless or false affidavit . However, the court determined that the jury had a sufficient evidentia...
United States v. Delgado: Excessive Force and Falsified Records 10.03.2026 50:28
This episode discusses a federal appellate court opinion affirming the criminal convictions of Miguel Angel Delgado, Jr. , a former U.S. Customs and Border Protection officer. The court determined that there was sufficient evidence to prove Delgado violated the civil rights of two individuals through the use of excessive force during separate border encounters. The records detail how Delg...
United States v. Ducksworth: Affirming Felon in Possession Conviction 09.03.2026 35:41
This episode discusses a Fifth Circuit Court of Appeals decision for the affirmation of Andrew Ducksworth’s conviction for being a felon in possession of a firearm . The court rejected Ducksworth’s argument that his Fourth Amendment rights were violated during a traffic stop, ruling that the officer had reasonable suspicion to conduct a protective pat-down. This suspicion was based on the...
Strict Liability for Transporting Unaccompanied Minors: USA v. Corona-Montano 08.03.2026 47:07
This espiode discusses an opinion from the Fifth Circuit Court of Appeals addressing whether a defendant must knowingly transport an unaccompanied minor to receive a harsher sentence for human smuggling . The appellant, Luis Francisco Corona-Montano , challenged a specific sentencing enhancement by arguing he was unaware that one of his passengers was a child traveling alone. However, the...
Kealani Distribution v. FDA: Affirming the Final PMTA Rule 07.03.2026 48:26
This episode details a ruling from the Fifth Circuit Court of Appeals that upholds the FDA’s regulatory framework for electronic nicotine delivery systems. Several small-business manufacturers challenged the Final PMTA Rule , arguing that the agency failed to properly assess the economic burden on minor entities as required by the Regulatory Flexibility Act . The court determined that the ...
Judgment in the Age of Generative AI 06.03.2026 46:33
This episode explores the evolving intersection of artificial intelligence and legal practice , emphasizing that technology should augment rather than replace human judgment . While AI offers massive gains in administrative speed and data processing , the author warns of significant cognitive traps like automation bias, deskilling, and the high frequency of fabricated legal citations . To ma...
United States v. Lopez: Sentencing Enhancement Appeal Judgment 05.03.2026 17:15
This episode looks to a legal opinion from the United States Court of Appeals for the Fifth Circuit addressing the sentencing appeal of David Lopez, Jr. , who was convicted of crimes related to child pornography. The court examined two specific sentencing enhancements that increased his total prison term to 360 months. The judges upheld a five-level increase for distribution , ruling that pa...
United States v. Swarner: Limits on Assimilated Supervised Release 04.03.2026 39:33
This episode details a Fifth Circuit Court of Appeals decision regarding the sentencing of Keisha Lyn Swarner for crimes involving the sexual exploitation of minors on a federal enclave. Although Swarner was convicted under the Assimilative Crimes Act , which incorporates Texas state law into the federal system, the court focused on whether her supervised release term was calculated correctly...
Prosecutorial Politics and the Mortality of Young Men 03.03.2026 26:55
This episode investigates how local prosecutors influence public health outcomes , specifically focusing on community mortality rates between 2010 and 2019. By analyzing closely contested elections, the authors find that electing a Republican prosecutor leads to a 6.6% reduction in deaths among men aged 20–29. This decline is primarily driven by a significant decrease in firearm-related...
Bowe v. United States: Jurisdiction over Federal Successive Habeas Motions 02.03.2026 30:13
In the 2026 decision Bowe v. United States , the Supreme Court clarified the procedural hurdles federal prisoners face when seeking postconviction relief. The Court ruled that federal inmates are not barred from seeking certiorari review by the Supreme Court after an appellate panel denies them permission to file a successive motion. This distinguishes them from state prisoners, for whom such d...
Case v. Montana: Standard for Emergency Aid Entries 01.03.2026 27:37
In Case v. Montana , the Supreme Court of the United States unanimously affirmed that police may enter a home without a warrant to provide emergency aid if they have an objectively reasonable basis to believe someone is in danger. The case arose after officers entered the residence of William Case following a report that he was suicidal, leading to a confrontation where Case was shot and...
Barrett v. United States: Limits on Duplicate Firearms Convictions 28.02.2026 41:27
In the legal opinion Barrett v. United States , the Supreme Court addresses whether a defendant can be convicted twice for a single act that violates two overlapping firearm provisions. The case centers on 18 U.S.C. §924(c) , which criminalizes using a gun during a violent crime, and §924(j) , which adds penalties if that same act causes a death. Applying the Blockburger test , the Court deter...
Supreme Court Opinion: Klein v. Martin 27.02.2026 43:14
In the case of Klein v. Martin , the Supreme Court of the United States issued a per curiam opinion reversing a lower court's decision to grant a new trial to Charles Brandon Martin . Martin was originally convicted as an accessory to attempted murder , but he later argued that the state had suppressed a forensic computer report that could have impeached a key witness. While the Four...
Learning Resources, Inc. v. Trump: Limits of Executive Tariff Power 26.02.2026 26:25
In the legal case Learning Resources, Inc. v. Trump , the Supreme Court examined whether the International Emergency Economic Powers Act (IEEPA) grants the President authority to impose tariffs during national emergencies. The majority opinion held that the power to regulate importation does not implicitly include the power to tax , requiring instead a clear statement of congressional au...
Ellingburg v. United States: Restitution as Criminal Punishment 25.02.2026 37:31
In Ellingburg v. United States , a unanimous Supreme Court ruled that restitution under the Mandatory Victims Restitution Act (MVRA) constitutes criminal punishment rather than a civil remedy. Writing for the Court, Justice Kavanaugh determined that because the MVRA labels restitution as a penalty , imposes it at sentencing , and mandates its use following a criminal conviction , it is sub...
Castille v. Port Arthur ISD: The Limits of Protected Speech 25.02.2026 37:07
This episode details an unsuccessful appeal by Dr. Johnathan Castille, a former special education administrator who sued the Port Arthur Independent School District for wrongful termination. Castille claimed the district retaliated against him for reporting child abuse and cooperating with state investigators, thereby violating his First and Fourteenth Amendment rights. The Fifth Circuit...
Boudy v. McComb School District: Dismissal for Contumacious Conduct 25.02.2026 38:01
This episode details a Fifth Circuit Court of Appeals opinion regarding a discrimination and retaliation lawsuit filed by Daphnie Newman Boudy against the McComb School District . The legal dispute centers on the district court’s decision to dismiss the case with prejudice after Boudy failed to attend multiple hearings and refused to comply with an order for a mental health examination . W...
Defending the Ballot: Texas Vote Harvesting and Constitutional Integrity 25.02.2026 35:26
In this episode, the Fifth Circuit Court of Appeals overturned a lower court's decision that had blocked a Texas election integrity law targeting professional ballot harvesting. The court ruled that Section 276.015 of the Texas Election Code is neither unconstitutionally vague nor a violation of First Amendment speech protections. Judge Edith Jones emphasized that states possess a com...
Upholding Louisiana Act 358 and the 340B Drug Program 25.02.2026 32:32
In this episode , the Fifth Circuit upheld Louisiana's Act 358 , a law prohibiting drug companies from blocking the distribution of discounted medications to contract pharmacies . Several pharmaceutical manufacturers challenged the statute, arguing that it was preempted by federal law and violated various constitutional protections , including the Takings Clause and the Contract...
Kennedy v. City of Arlington: Police Academy Training Liability 25.02.2026 30:44
This episode details a Fifth Circuit ruling that affirms the dismissal of a lawsuit filed by the family of Marquis Kennedy , a police cadet who died after a rigorous training exercise. The court determined that the City of Arlington and its officers were not liable for constitutional violations , ruling that the mandatory simulation did not constitute an illegal Fourth Amendment seizure . F...
The Mandate of Detention for Applicants Seeking Admission 25.02.2026 34:03
In a significant 2026 ruling, the Fifth Circuit Court of Appeals determined that the government may detain unadmitted immigrants indefinitely without bond while they await removal proceedings. The majority opinion centered on the interpretation of 8 U.S.C. § 1225 , concluding that anyone present in the country without lawful admission is an "applicant for admission" and is legally...
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