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
Neumann's Pharmacy v. DEA: Limits of Agency Regulatory Authority 24.02.2026 45:53
In the legal case Neumann’s Pharmacy, L.L.C. v. Drug Enforcement Administration , the United States Court of Appeals for the Fifth Circuit overturned a government order that had stripped a pharmacy of its right to dispense controlled substances. The court determined that the DEA overstepped its authority by misinterpreting federal regulations regarding a pharmacist's "corresponding r...
Ten Commandments in the Classroom: Roake v. Brumley 24.02.2026 38:06
This episode contains the en banc decision from the Fifth Circuit Court of Appeals regarding Louisiana’s H.B. 71 , which mandates the display of the Ten Commandments in all public school classrooms. The majority opinion vacates the preliminary injunction against the law, ruling that the plaintiffs' challenge is not yet ripe for judicial review because the specific "context and...
Lewis v. Walley: Fourth Amendment Search and Qualified Immunity 24.02.2026 28:48
This episode is derived from the United States Court of Appeals for the Fifth Circuit and addresses an appeal regarding qualified immunity in a Fourth Amendment dispute. The case involves Stephen Lewis , who sued Detective Whitney Walley after she reviewed digital photographs of receipts from his phone that were sent to her by another officer. While a lower court initially denied the detect...
Fifth Circuit Appellate Decisions January 2026 30.01.2026 37:30
This discussion comprises various opinions and orders from the United States Court of Appeals for the Fifth Circuit issued in late January 2026. The sources primarily detail criminal appeals involving convictions for drug distribution, firearm possession, and financial fraud , while also addressing civil disputes over contract breaches and excessive force allegations. Several cases focus on...
United States v. Hembree: Second Amendment As-Applied Challenge 28.01.2026 32:49
n the case of United States v. Hembree , the Fifth Circuit Court of Appeals reversed a conviction for possession of a firearm by a convicted felon. The court determined that the federal ban is unconstitutional as applied to the defendant because his sole previous felony was simple possession of methamphetamine . Under the modern legal framework, the government failed to prove that disarming...
AI Infrastructure Report: Foundations for Transformative Growth 28.01.2026 43:34
The discussions outlines a significant transition in 2026 toward agentic AI and automated infrastructure across the public sector, legal industry, and law enforcement. Organizations are moving beyond simple chatbots to deploy context-aware agents capable of executing complex workflows, though leaders emphasize that dependability, transparency, and cost-control remain essential requirements...
Effective Prosecutor-Police Partnerships 28.01.2026 45:25
This episode discusses a 2025 report from the Police Executive Research Forum regarding innovative methods for improving the working relationship between law enforcement and prosecutors . By examining diverse case studies across the United States, the document highlights how joint strategies can effectively address modern challenges like organized retail theft , human trafficking , and ju...
Louisiana Supreme Court Criminal Jurisprudence December 2025 15.01.2026 31:32
This episode is an overview of 8 Louisiana Supreme Court cases decided in December 2025. Topics include suppressing firearms abandoned in a field, preliminary hearings on identification, introducing statements of past sexual conduct, evidence of guns within a home constituting evidence of a charge of felon in possession of a firearm, probable cause regarding the act of rolling a marijuana cigarett...
December2025 Appellate Court Review 08.01.2026 14:56
This episode summarizes recent federal appellate court rulings regarding law enforcement conduct and Fourth Amendment protections . Two cases examine the failure to intervene and the use of deadly force , specifically addressing when officers are entitled to qualified immunity . Another case analyzes the permissible duration of traffic stops and the voluntary nature of consent given f...
November 2025 Appellate Court Review 08.01.2026 12:34
Theis episode summarizes appellate court rulings regarding police searches, seizures, and the unlawful possession of firearms . Two cases from the Tenth Circuit evaluate whether officers had reasonable suspicion to conduct protective searches based on "furtive movements," gang affiliation, and proximity to crime scenes. While the court upheld a search in the McGregor case due to...
The Douglas Factors: Federal Employee Penalty Determination Criteria 16.12.2025 14:11
This episode provides a detailed breakdown of the Douglas Factors , a set of twelve criteria established by the Merit Systems Protection Board (MSPB) in the case of Douglas vs. Veterans Administration for determining the appropriate penalty for federal employee misconduct. These factors guide supervisors in ensuring disciplinary action is fair and reasonable . Key factors examined include th...
State of Louisiana vs. James A. Charles 16.12.2025 13:13
This episode details a Per Curiam decision from the Supreme Court of Louisiana, dated November 19, 2025, concerning the case of State of Louisiana vs. James A. Charles . The court granted a writ application filed by the State, reversing the court of appeal's judgment, and reinstating the trial court's decision to deny the defendant's motion to suppress evidence. The central issue...
Generative AI in Law Enforcement: Policy and Implementation 12.12.2025 40:12
This episode focuses on the adoption and ethical implementation of Generative AI within law enforcement agencies. The episode outlines the operational benefits of AI, such as reducing administrative friction points and synthesizing data for investigations, while strongly emphasizing the need for strict governance . Key segments focus on establishing leadership essentials, including setting poli...
State v. Valencia-Lacayo: Unlawful Stop and Suppression of Evidence 11.12.2025 11:41
This episode details the appellate journey of State v. Valencia-Lacayo , a criminal case concerning the denial of a motion to suppress evidence and statements following an investigatory stop. The first source, an opinion from the Louisiana Court of Appeal, Fourth Circuit , reversed the district court's judgment , finding that the police lacked reasonable suspicion to stop Arial Valencia-Lac...
State v. Leonidas Lowry(Louisiana Search Warrant Timing and Cell Phones) 11.12.2025 13:21
This episode discusses the Louisiana Supreme Court and Louisiana Court of Appeal, Fifth Circuit decisions in the criminal case of State v. Leonidas Lowry , who was convicted of second-degree murder. The core issue addressed in both rulings is the denial of Lowry’s motion to suppress evidence extracted from his cell phone, which was seized under a warrant but analyzed more than ten days afte...
Wood v. Bexar County: DWI Arrest and Civil Rights Appeal 06.11.2025 14:26
This episode presents a Fifth Circuit Court of Appeals opinion in the case of Wood v. Bexar County, Texas , decided in 2025, which affirmed the district court's grant of summary judgment for the defendants. The case originated from Amanda Wood's arrest for driving while intoxicated (DWI) in 2019, where she subsequently sued the arresting officer, Deputy J. Gereb, and Bexar County, a...
United States v. Wilson: Exclusionary Rule and Bare-Bones Warrants 30.09.2025 13:32
This episode discusses a Fifth Circuit Court of Appeals opinion, United States v. Wilson , concerning a Fourth Amendment challenge to the exclusionary rule and its good-faith exception . The majority opinion affirms the district court’s decision to suppress evidence obtained from Ricky Wilson's girlfriend's apartment, finding the search warrant affidavit was "bare-bones"...
State v. Wilson: Terry Stops and Sentencing Guidelines 11.09.2025 59:42
This episode presents an appeal in the case of United States v. Damion Wilson , decided by the United States Court of Appeals for the Fifth Circuit . The primary issue addressed is whether carrying a firearm alone provides sufficient grounds for a Terry stop , a question the court answers definitively in the negative, rooted in the Fourth Amendment's history against general warrants an...
Louisiana v. Dillon: Convictions Affirmed, Sentences Remanded 09.09.2025 46:27
This episode details an appeal case in the Louisiana Fourth Circuit Court of Appeal, State of Louisiana versus Koby Dillon . The court affirmed Dillon's convictions for possession with intent to distribute marijuana and illegal possession of a weapon while possessing a controlled dangerous substance. However, the sentence for possession of a firearm by a convicted felon was vacated due to t...
Louisiana OWI Update 28.08.2025 19:18
This episode provides an update on legislative changes impacting Driving While Impaired (DWI) laws in Louisiana, specifically focusing on Act No. 194 of 2025 and Act 662 of 2024 . Act 194 increases fines for certain driving offenses, including Operating While Impaired (OWI) and reckless operation, to benefit the Louisiana Emergency Response Network (LERN) Fund. The episode highlights that thi...
Louisiana v. Chester: Defective Bill of Information and Sentencing 21.08.2025 13:06
This episode details the Louisiana Supreme Court case of State of Louisiana vs. Malcolm J. Chester , decided on June 27, 2025. The core issue revolves around a defective bill of information that failed to specify the victim's exact age and the relevant penalty provision for aggravated crime against nature, despite the defendant's conviction for an offense involving a victim under thirte...
Thomas v. Louisiana: Ineffective Counsel Reverses Murder Conviction 21.08.2025 21:01
This episode details the Louisiana Supreme Court's decision to reverse and remand the conviction of Brhian Thomas for second-degree murder, ordering a new trial . The majority opinion found Thomas's trial counsel provided ineffective assistance , specifically by failing to adequately challenge the State's primary witness, Javonnie Raymond, and by advising Thomas not to testify on h...
Louisiana's Stand Your Ground Law: State v. Coutee 20.08.2025 16:40
The episode details the Louisiana Supreme Court's review of the case State of Louisiana vs. Kayla Jean Giles Coutee , involving a defendant convicted of second-degree murder and obstruction of justice for killing her estranged husband. The majority opinion reverses and vacates the murder conviction , arguing that the trial court's jury instruction on the "aggressor doctrine" wa...
Louisiana Supreme Court Overturns Allen Charge Ban 20.08.2025 23:44
This episode details the Louisiana Supreme Court's decision in State of Louisiana v. Dionte Bracken , a case addressing the legality of "Allen charges" in jury deliberations. The Per Curiam opinion reverses a lower court's ruling, finding that the trial judge's supplemental instructions to a jury, which had inquired about a hung jury, were not coercive . The Court e...
Louisiana v. Ruffins: False Personation Reinstated 20.08.2025 15:12
This episode details the Louisiana Supreme Court's reversal of an appellate court decision concerning Reginald Ruffins' conviction for false personation of a peace officer . The Court found that the appellate court misinterpreted the statute by adding a requirement that the "special privilege or advantage" sought must be exclusive to law enforcement . Instead, the Supreme...
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