Swear on the Stand

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....

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...

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...

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&#39...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...