Swear on the Stand

This episode details a  Fifth Circuit Court of Appeals  decision regarding  Heraclio Duran-Gonzalez , who challenged his status as a  career offender  during sentencing. The defendant argued that his  prior drug convictions  were unconstitutional because the courts failed to provide a translator for his native language,  Tarahumara . However, the appellate court determined that his claim constitut...

This case from the  Fifth Circuit Court of Appeals  addresses whether a  convicted drug trafficker  can be constitutionally barred from possessing a firearm within his own home. The defendant,  Curtis Squire , argued that the  Second Amendment  and the "castle doctrine" protect a person’s right to keep arms for self-defense in their residence regardless of their criminal status. However,...

This case from the  United States Court of Appeals for the Fifth Circuit  outlines a lawsuit involving a civilian police employee and a high-ranking official. The plaintiff,  Karl Von Derhaar , alleged that his  Fourth Amendment rights  were violated when he was forced from his home to undergo a drug test under the orders of  Lt. Darryl Watson . The court focused on the doctrine of  qualified immu...

This episode details a  Fifth Circuit  decision affirming the dismissal of a lawsuit involving the  St. James Parish School Board . The case arose after a student was  disenrolled  from a school when officials discovered the family did not live within the parish’s geographical boundaries. The student's mother alleged that this action violated the  Individuals with Disabilities Education Act (I...

This case from the  Fifth Circuit Court of Appeals  examines whether a defendant can appeal a district court's silence regarding a  qualified immunity  defense. The case involves a  city manager  who was sued for alleged  equal protection violations  but saw his motion to dismiss denied without any specific ruling on his immunity from suit. While appellate courts usually only review final judg...

This case from the  United States Court of Appeals for the Fifth Circuit  addresses the appeal of  Allen Houston James , who was convicted of a brutal  attempted murder  committed in 2000 and solved decades later through  forensic genealogy . The court rejected James’s arguments regarding the  sufficiency of evidence  and  jury instructions , ruling that his violent actions clearly demonstrated a ...

This episode details a  Fifth Circuit Court of Appeals  decision affirming the conviction of former police chief  Christopher Filline  for  conspiracy to commit wire fraud . Faced with mounting debt and expensive vehicle repairs, Filline orchestrated a scheme to have his  Lincoln Navigator  destroyed by fire to collect  insurance proceeds . Although the defendant argued that the government failed...

This episode discusses a  judicial opinion  from the  United States Court of Appeals for the Fifth Circuit  regarding a defendant's appeal of a firearm conviction. The court analyzed whether a  warrantless vehicle search  conducted during an arrest was constitutional under the  Fourth Amendment . While the lower court initially upheld the search as a  protective sweep  for officer safety, the...

In this case, the  United States Court of Appeals for the Fifth Circuit  affirmed a defendant's  sixty-month prison sentence  for marijuana trafficking. The primary legal dispute centered on whether James Troy Phillips qualified for  safety valve relief , a provision allowing judges to bypass  mandatory minimum sentences  for certain non-violent offenders. Although Phillips argued he met the c...

This episode details a  Fifth Circuit Court of Appeals  decision regarding a  toxic-tort lawsuit  filed by Floyd Ruffin against  BP  following the  Deepwater Horizon oil spill . Ruffin claimed his work on the shoreline cleanup led to his  prostate cancer  diagnosis due to chemical exposure, specifically to  polycyclic aromatic hydrocarbons (PAHs) . The court focused on whether the  expert testimon...

In this case, the  Fifth Circuit Court of Appeals  addressed a challenge by  Jamie Hackney  regarding the specific terms of his  supervised release . After pleading guilty to crimes involving  child pornography , Hackney attempted to contest restrictions on his  contact with minors  and requirements for  financial disclosure . However, the court determined that his  plea agreement  included a volu...

This  episode  from the  United States Court of Appeals for the Fifth Circuit  addresses a lawsuit filed by  Dennis B. Roberson  against several law enforcement officers following his arrest. The court ultimately  affirmed the dismissal  of Roberson’s claims, which included allegations of  unlawful arrest , the use of  excessive force , and  property damage . According to the document, the officer...

This episode details a  Fifth Circuit Court of Appeals  decision regarding  Hector Xavier Cortez , who sued the  Department of State  after his passport applications were repeatedly rejected. The government denied his requests because of a  conflicting Mexican birth certificate  and suspicions surrounding the medical attendant who recorded his Texas birth. The court ultimately  dismissed his claim...

This episode details a decision by the  Fifth Circuit Court of Appeals  regarding a lawsuit filed by  Brittany Morris  against the United States under the  Federal Tort Claims Act . Morris sued for  negligence  after a federal probation officer promised to protect her from her violent ex-boyfriend but failed to expedite an arrest warrant, resulting in an attack that left Morris a  quadriplegic . W...

This episode from the  Fifth Circuit Court of Appeals  details the reversal of a lower court's decision to dismiss fraud charges against  Sade Kuyoro . The defendant was originally accused of  disaster relief fraud  involving Hurricane Harvey funds, but the district court dismissed the indictment after the government failed to timely disclose  recoupment letters  and details regarding a  prope...

This episode from the  United States Court of Appeals for the Fifth Circuit  addresses a complex international child custody battle under the  Hague Convention . The court  affirms  a district court’s order to return two children to  Canada , determining that their long-term residence there established it as their  habitual residence  despite the mother’s earlier claims that the move was temporary...

This episode from the  Fifth Circuit Court of Appeals  addresses a lawsuit against  American Airlines  following the tragic death of a teenager during an international flight. The plaintiff sought to hold the airline liable under the  Montreal Convention , arguing that the crew's  ineffective medical response  and a  malfunctioning defibrillator (AED)  constituted a compensable "accident....

This episode discusses a  judicial order  and subsequent  opinions  from the United States Court of Appeals for the Fifth Circuit regarding Edward Lee Busby’s  stay of execution . The court issued a temporary stay pending a Supreme Court decision in  Hamm v. Smith , which is expected to clarify how multiple  IQ scores  and  intellectual disability  should be evaluated in capital cases. Judge Higgi...

In this episode, the  United States Court of Appeals for the Fifth Circuit  upheld a lower court's decision to dismiss a lawsuit involving allegations of  employment discrimination and retaliation . The plaintiff, a former firearms supervisor at the  North Louisiana Criminalistics Laboratory , argued she was fired based on her gender and in response to her internal complaints. However, the cou...

This episode from the  Fifth Circuit Court of Appeals  details the court's decision to  suspend federal regulations  that allowed the abortion drug  mifepristone  to be prescribed online and delivered by mail. The state of  Louisiana challenged the FDA , arguing that the agency bypassed essential safety protocols and ignored the drug’s financial and legal impact on states with abortion bans. W...

This episode details the  Fifth Circuit Court of Appeals’  decision to deny a rehearing for  Jamaion Wilson , who was convicted of possessing a machine gun. Although the court upheld the conviction, the judges issued conflicting opinions regarding the constitutionality of  18 U.S.C. § 922(o)  and the validity of existing circuit precedents.  Judge Willett  acknowledged potential issues with how th...

This episode details a  Fifth Circuit Court of Appeals  decision regarding a whistleblower lawsuit filed against  Tata Consulting Services  under the  False Claims Act . The plaintiff, Jack Palmer, alleged that the company committed visa fraud by applying for inexpensive, improper visas and underpaying foreign workers to avoid higher  federal fees and payroll taxes . However, the court upheld the...

This episode details a legal opinion from the  Fifth Circuit Court of Appeals  regarding a high-profile dispute over  Texas Senate Bill 4 (S.B. 4) , a state law allowing local authorities to arrest and deport individuals for illegal entry. The court ultimately  vacates a preliminary injunction  that had blocked the law, primarily finding that the  plaintiffs lack legal standing  to bring the chall...

This episode details a  Fifth Circuit Court of Appeals  decision regarding a  medical malpractice  lawsuit involving a veteran's estate and the federal government. The case stems from an  unauthorized surgery  performed at a Veterans Affairs hospital in 2006, which the plaintiff argued was only discovered much later. The court focused on whether  Mississippi law  creates an absolute time limit...

This episode details a legal dispute involving  Scott Martin , a marketer who sued  Harris County officials  after they restricted public access to criminal defendants' personal contact information in bail records. Martin argued that the  administrative order  hiding this data violated his  First and Sixth Amendment  rights by damaging his business of providing leads to defense attorneys. The ...