Swear on the Stand

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...