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
Podcast website
Latest episode
Oct 28, 2026
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Episodes
Zorn v. Linton: Qualified Immunity and Protester Pain Compliance 06.04.2026 46:08
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 37:36
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 56:17
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 39:15
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 58:44
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 37:41
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 36:11
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 44:08
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 49:54
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 1:06:58
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 35:22
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 38:29
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 44:23
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 41:15
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 49:38
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 37:53
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 51:09
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 51:43
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 37:10
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 1:00:46
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 44:06
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 46:35
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 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...
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