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.

Be sure to visit the podcast's website and support the creator: podcasters.spotify.com

Author

Daniel W. Swear

Category

Education

Podcast website

podcasters.spotify.com

Latest episode

Oct 28, 2026

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Episodes

Zorn v. Linton: Qualified Immunity and Protester Pain Compliance 06.04.2026

This  Supreme Court of the United States  opinion addresses whether a police officer is entitled to  qualified immunity  after using a  pain-compliance technique  on a nonviolent protester. The majority reversed a lower court's ruling, determining that existing legal precedents did not  clearly establish  that using a wristlock on a resisting individual after issuing warnings was unconstitutio...

Parker v. Hooper: Prison Reform and Appellate Jurisdiction 05.04.2026

This episode from the  Fifth Circuit Court of Appeals  vacates a lower court's mandates regarding medical care at the  Louisiana State Penitentiary . The majority opinion asserts  appellate jurisdiction , ruling that the district court's remedial orders were sufficiently final and impactful to warrant immediate intervention. The court finds that the original rulings ignored the  Prison Lit...

Cooperative Federalism and the Fishery Management Appointments Clause Challenge 04.04.2026

This episode from the  Fifth Circuit Court of Appeals  addresses a constitutional challenge to the  Gulf of Mexico Fishery Management Council  brought by commercial fishers. The plaintiffs argued that  Councilmembers  were improperly appointed and sought to overturn  Amendment 54 , which significantly reduced catch limits for  Greater Amberjack . While the court found that the Council’s  veto powe...

Congious v. Shaw: Medical Deliberate Indifference and Qualified Immunity 03.04.2026

This episode from the  Fifth Circuit Court of Appeals  details a lawsuit involving a  pretrial detainee  who gave birth alone in her jail cell, resulting in the subsequent  death of her infant . The plaintiff alleged that the facility's  medical director  violated the Fourteenth Amendment by failing to provide adequate care despite knowing the risks of her pregnancy. The court ultimately  affi...

Megatel Homes v. City of Mansfield: Antitrust Immunity Reversed 02.04.2026

This episode details a  ruling from the United States Court of Appeals for the Fifth Circuit  regarding a dispute between  Megatel Homes  and the  City of Mansfield, Texas . The conflict arose when the city allegedly used a contract with a local utility district to  block water services  for a new development unless the developer agreed to specific annexation and fee demands. While a lower court i...

Hagar v. FBI: FOIA Limits and the Record Creation Rule 01.04.2026

This episode details a  Fifth Circuit Court of Appeals  opinion affirming a lower court's decision to grant  summary judgment  to the  FBI  in a  Freedom of Information Act (FOIA)  lawsuit. The plaintiff, Michael Hagar, sought an unredacted email and its  header metadata  to assist with his criminal case, but the court ruled that his request for recipient names became  moot  once the governmen...

Unmasking the Avatar: Roblox Threats and the First Amendment 31.03.2026

This episode discusses a case from the  United States Court of Appeals for the Fifth Circuit  outlining the reversal of a lower court's decision to dismiss an indictment against  James Wesley Burger . The defendant was charged with making  interstate threats  after posting violent statements about "martyrdom" and attacking a Christian concert while using the online platform  Roblox ....

United States v. Hamilton: Sentencing and Equal Protection Review 30.03.2026

This episode details a  Fifth Circuit Court of Appeals  decision regarding the sentencing of  Nautica Blu Hamilton , a daycare worker convicted of producing child pornography. During the initial proceedings, the prosecution made controversial remarks suggesting a  maximum sentence  was necessary to prevent the defendant from ever having her own children and cited  societal assumptions  about femal...

United States v. Porter: Machineguns and Privacy Expectations 29.03.2026

This episode details a  Fifth Circuit Court of Appeals  decision affirming the conviction of Elijah Porter for possessing a  machinegun . The court rejected Porter’s  Fourth Amendment  challenges, ruling that the use of  automated license plate readers  to locate his vehicle did not require a warrant because motorists have no expectation of privacy on public roads. Additionally, the judges upheld...

United States v. Garcia: Affirming the Terry Stop BOLO Standard 28.03.2026

This episode from the  Fifth Circuit Court of Appeals  details the affirmation of a district court's decision to deny  Jesus Eloy Garcia’s  motion to suppress evidence. Garcia challenged the legality of an  investigatory stop  conducted by the  Laredo Police Department , arguing that officers lacked the  reasonable suspicion  required to detain him. The court determined the stop was lawful bec...

United States v. Villafana-Mondragon: Affirming PSR Adoption for Sentencing Pronouncement 27.03.2026

This episode presents a  Fifth Circuit Court of Appeals  decision affirming the sentence of  Nestor Villafana-Mondragon , specifically regarding his  supervised-release conditions . The defendant argued that the trial court failed to properly  pronounce these conditions  by not explicitly verifying that he had reviewed the  Presentence Investigation Report (PSR)  with his attorney. However, the ma...

Clouse v. Southern Methodist University: Affirming the Award of Costs 26.03.2026

This episode discusses a judicial opinion from the  Fifth Circuit Court of Appeals  addressing a dispute over  litigation costs  following a lawsuit against  Southern Methodist University  regarding student-athlete injuries. The court affirmed that the university was the  prevailing party  because it successfully dismissed the claims of eight out of nine plaintiffs based on a  statute of limitatio...

Cambric v. City of Corpus Christi: Selective Enforcement Appeal 25.03.2026

This episode discusses a  federal appellate court opinion  concerning a lawsuit filed by Priscilla Tryon Cambric against the  City of Corpus Christi . The plaintiff alleged that the city practiced  selective enforcement  of building codes by targeting her historic property for demolition while sparing others. The  Fifth Circuit Court of Appeals  ultimately affirmed the lower court's dismissal...

Fifth Circuit Review of EPA Good Neighbor SIP Disapprovals 24.03.2026

This episode discusses judicial opinion from the  United States Court of Appeals for the Fifth Circuit  addressing legal challenges to the  Environmental Protection Agency's (EPA)  rejection of state air quality plans for  Texas, Louisiana, and Mississippi . The central conflict involves the  "Good Neighbor Provision"  of the  Clean Air Act , which requires states to prevent emission...

United States v. Lanaute: Louisiana Armed Robbery Force Clause Analysis 23.03.2026

In the case of  United States v. Lanaute , the  Fifth Circuit Court of Appeals  affirmed a defendant's  enhanced sentence  for bank robbery. The legal dispute centered on whether  Louisiana’s armed robbery statute  qualifies as a  "crime of violence"  under federal  Sentencing Guidelines . The defendant argued that because the state law only requires  general intent , the crime could...

In re Alliance Liftboats Mandamus Denial 22.03.2026

This episode discusses a  published order  from the  United States Court of Appeals for the Fifth Circuit  regarding a labor dispute over  overtime compensation . An employee sued  Alliance Liftboats, LLC , alleging the company  misclassified workers  as exempt seamen to avoid paying overtime under the  Fair Labor Standards Act . After a district court  certified a collective action  for various c...

Treatment and Care of Incarcerated Females in Louisiana Correctional Facilities 21.03.2026

This episode discusses a  2025 performance audit  by the  Louisiana Legislative Auditor  evaluating the medical care and general treatment of  incarcerated women  within state and local facilities. The report reveals that  local jails , which house the vast majority of this population, often lack the written procedures necessary to comply with  state laws . Key findings highlight significant defic...

United States v. Mendez-Lozano: Sentencing and Conviction Appeal Verdict 20.03.2026

This episode outlines a  Fifth Circuit Court of Appeals  decision regarding the criminal conviction and sentencing of  Heriberto Mendez-Lozano , who was involved in a  violent hostage-taking and alien-smuggling operation . After a jury found him guilty on thirteen counts, the defendant challenged his  460-month prison sentence  and attempted to dispute his underlying conviction. The majority opini...

Deras v. Johnson & Johnson: Defining Excusable Neglect Standards 19.03.2026

This episode outlines a  Fifth Circuit Court of Appeals  decision regarding a labor dispute originally dismissed due to a  procedural oversight . The plaintiff’s case was initially terminated because his attorney failed to appoint  local counsel  within the required timeframe, a mistake the lawyer attributed to a  calendaring error . Although the plaintiff sought to reopen the case by citing  excu...

In re EP Energy: Administrative Claims and Lease Termination Jurisdiction 18.03.2026

This episode details a case from the  United States Court of Appeals for the Fifth Circuit  affirming that a bankruptcy court has the  subject-matter jurisdiction  to resolve state-law property disputes when they are central to an  administrative expense claim . The case originated when the  MSB Owners  alleged that  EP Energy  triggered an automatic termination of their oil and gas leases by paus...

Barber v. Rounds: The Constitutionality of Visible Teacher Prayer 17.03.2026

This episode details a  Fifth Circuit Court of Appeals  ruling regarding a teacher’s lawsuit against her principal over  religious expression  at school. The plaintiff, Staci Barber, alleges that Principal Bryan Scott Rounds violated her  First Amendment  rights by imposing a broad ban on any prayer conducted where students might see her. While the principal claimed  qualified immunity , the court...

Prosecutorial Privilege and Habeas Jurisdiction in Ayestas v. HCDA 16.03.2026

This episode discusses a case from the  Fifth Circuit Court of Appeals  addressing a discovery dispute in the long-standing capital murder case of  Carlos Ayestas . The court examines whether it has  jurisdiction  to review a magistrate judge's order requiring the  Harris County District Attorney’s Office  to release decades of sensitive prosecutorial records. Central to the appeal is the disc...

The Mechanics of Deception: Lockheed Martin False Claims Appeal 15.03.2026

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

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

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...

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