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.

Author

Daniel W. Swear

Category

Education

Podcast website

podcasters.spotify.com

Latest episode

Jul 10, 2026

Where to listen?

Podcasts in the app Replaio Radio Coming soon

Podcasts are coming to the app soon. Install now and be the first to see a whole new take on podcasts

Get it on Google Play Install for free Android 5M+ downloads · 4.8 rating iOS soon

Episodes

November 2025 Appellate Court Review 08.01.2026

Theis episode summarizes  appellate court rulings  regarding police searches, seizures, and the  unlawful possession of firearms . Two cases from the  Tenth Circuit  evaluate whether officers had  reasonable suspicion  to conduct protective searches based on "furtive movements," gang affiliation, and proximity to crime scenes. While the court upheld a search in the  McGregor  case due to...

The Douglas Factors: Federal Employee Penalty Determination Criteria 16.12.2025

This episode provides a detailed breakdown of the  Douglas Factors , a set of twelve criteria established by the  Merit Systems Protection Board  (MSPB) in the case of  Douglas vs. Veterans Administration  for determining the appropriate penalty for federal employee misconduct. These factors guide supervisors in ensuring disciplinary action is  fair and reasonable . Key factors examined include th...

State of Louisiana vs. James A. Charles 16.12.2025

This episode details a  Per Curiam decision  from the Supreme Court of Louisiana, dated November 19, 2025, concerning the case of  State of Louisiana vs. James A. Charles . The  court granted a writ application  filed by the State, reversing the court of appeal's judgment, and reinstating the trial court's decision to deny the defendant's motion to suppress evidence. The  central issue...

Generative AI in Law Enforcement: Policy and Implementation 12.12.2025

This episode focuses on the adoption and ethical implementation of  Generative AI  within law enforcement agencies. The episode outlines the operational benefits of AI, such as reducing administrative friction points and synthesizing data for investigations, while strongly emphasizing the need for  strict governance . Key segments focus on establishing leadership essentials, including setting poli...

State v. Valencia-Lacayo: Unlawful Stop and Suppression of Evidence 11.12.2025

This episode details the appellate journey of  State v. Valencia-Lacayo , a criminal case concerning the denial of a motion to suppress evidence and statements following an investigatory stop. The first source, an opinion from the  Louisiana Court of Appeal, Fourth Circuit ,  reversed the district court's judgment , finding that the police lacked reasonable suspicion to stop Arial Valencia-Lac...

State v. Leonidas Lowry(Louisiana Search Warrant Timing and Cell Phones) 11.12.2025

This episode discusses the  Louisiana Supreme Court  and  Louisiana Court of Appeal, Fifth Circuit  decisions in the criminal case of  State v. Leonidas Lowry , who was convicted of second-degree murder. The core issue addressed in both rulings is the  denial of Lowry’s motion to suppress evidence  extracted from his cell phone, which was seized under a warrant but analyzed more than ten days afte...

Wood v. Bexar County: DWI Arrest and Civil Rights Appeal 06.11.2025

This episode presents a  Fifth Circuit Court of Appeals opinion  in the case of  Wood v. Bexar County, Texas , decided in 2025, which  affirmed the district court's grant of summary judgment  for the defendants. The case originated from  Amanda Wood's arrest for driving while intoxicated (DWI)  in 2019, where she subsequently sued the arresting officer, Deputy J. Gereb, and Bexar County, a...

United States v. Wilson: Exclusionary Rule and Bare-Bones Warrants 30.09.2025

This episode discusses a  Fifth Circuit Court of Appeals  opinion,  United States v. Wilson , concerning a Fourth Amendment challenge to the  exclusionary rule  and its  good-faith exception . The majority opinion  affirms  the district court’s decision to  suppress evidence  obtained from Ricky Wilson's girlfriend's apartment, finding the search warrant affidavit was "bare-bones&quot...

State v. Wilson: Terry Stops and Sentencing Guidelines 11.09.2025

This episode presents an  appeal  in the case of  United States v. Damion Wilson , decided by the  United States Court of Appeals for the Fifth Circuit . The primary issue addressed is whether  carrying a firearm alone provides sufficient grounds for a  Terry  stop , a question the court answers definitively in the negative, rooted in the  Fourth Amendment's history against general warrants an...

Louisiana v. Dillon: Convictions Affirmed, Sentences Remanded 09.09.2025

This episode details an  appeal case  in the Louisiana Fourth Circuit Court of Appeal,  State of Louisiana versus Koby Dillon . The court  affirmed Dillon's convictions  for possession with intent to distribute marijuana and illegal possession of a weapon while possessing a controlled dangerous substance. However, the  sentence for possession of a firearm by a convicted felon was vacated  due to t...

Louisiana OWI Update 28.08.2025

This episode provides an  update on legislative changes impacting Driving While Impaired (DWI) laws  in Louisiana, specifically focusing on  Act No. 194 of 2025  and  Act 662 of 2024 . Act 194 increases fines for certain driving offenses, including Operating While Impaired (OWI) and reckless operation, to benefit the Louisiana Emergency Response Network (LERN) Fund. The episode highlights that thi...

Louisiana v. Chester: Defective Bill of Information and Sentencing 21.08.2025

This episode details the Louisiana Supreme Court case of  State of Louisiana vs. Malcolm J. Chester , decided on June 27, 2025. The core issue revolves around a  defective bill of information  that failed to specify the victim's exact age and the relevant penalty provision for aggravated crime against nature, despite the defendant's conviction for an offense involving a victim under thirte...

Thomas v. Louisiana: Ineffective Counsel Reverses Murder Conviction 21.08.2025

This episode details the Louisiana Supreme Court's decision to  reverse and remand  the conviction of Brhian Thomas for second-degree murder, ordering a  new trial . The majority opinion found Thomas's trial counsel provided  ineffective assistance , specifically by failing to adequately challenge the State's primary witness, Javonnie Raymond, and by advising Thomas not to testify on h...

Louisiana's Stand Your Ground Law: State v. Coutee 20.08.2025

The episode details the Louisiana Supreme Court's review of the case  State of Louisiana vs. Kayla Jean Giles Coutee , involving a defendant convicted of second-degree murder and obstruction of justice for killing her estranged husband. The  majority opinion reverses and vacates the murder conviction , arguing that the trial court's jury instruction on the "aggressor doctrine" wa...

Louisiana Supreme Court Overturns Allen Charge Ban 20.08.2025

This episode details the  Louisiana Supreme Court's  decision in  State of Louisiana v. Dionte Bracken , a case addressing the legality of  "Allen charges"  in jury deliberations. The  Per Curiam  opinion  reverses  a lower court's ruling, finding that the trial judge's supplemental instructions to a jury, which had inquired about a hung jury, were  not coercive . The Court e...

Louisiana v. Ruffins: False Personation Reinstated 20.08.2025

This episode details the Louisiana Supreme Court's  reversal  of an appellate court decision concerning  Reginald Ruffins' conviction  for  false personation of a peace officer . The Court found that the appellate court  misinterpreted the statute  by adding a requirement that the "special privilege or advantage" sought must be  exclusive to law enforcement . Instead, the Supreme...

United States v. Outlaw: Probable Cause for Arrest and Search (U.S. 3rd Cir.) 05.08.2025

This episode discusses a precedential opinion  from the  United States Court of Appeals for the Third Circuit, the  appeal of  United States v. Outlaw . The central issue revolves around whether a police detective had  probable cause to arrest Abdul Outlaw , which would justify a  search incident to arrest . The court  affirmed the District Court's decision to suppress evidence  found on Outla...

Estate of Parker v. Mississippi Department of Public Safety (U.S. 5th Cir.) 05.08.2025

This episode details a  United States Court of Appeals for the Fifth Circuit  case,  Estate of Parker v. Mississippi Department of Public Safety , concerning the tragic death of a three-month-old infant, La’Mello Parker, during a police confrontation with his fugitive father. The  court affirmed the district court's dismissal  of the case, concluding that while the circumstances were devastati...

Chisesi v. Hunady: Officer-Involved Shooting and Qualified Immunity 24.07.2025

This episode involves an  opinion  from the  United States Court of Appeals for the Eleventh Circuit  regarding the case of  Chisesi v. Hunady . The case involves an appeal by  Officer Matthew Hunady  and  Sheriff Huey Hoss Mack  after a district court denied their motions for summary judgment in a  42 U.S.C. § 1983 lawsuit . The lawsuit was filed by  Donna Chisesi , as administratrix of  Jonathan...

United States v. Ostrum: Motion to Suppress Denied 03.07.2025

This episode discusses a judicial opinion from  United States v. Ostrum  concerning a defendant's  motion to suppress evidence  in a criminal case. The defendant, Dylan Ostrum, sought to exclude evidence obtained from the search of a  stolen rental car  and two safes found inside it, arguing the search violated his  Fourth Amendment rights . The court  denied the motion , ruling that Ostrum la...

Estevis v. Cantu: Officer Immunity in High-Speed Pursuit Shooting 26.06.2025

This episode discusses an  appellate court opinion  from the Fifth Circuit, specifically the case of  Estevis v. Cantu , filed on April 16, 2025. It details an appeal regarding  qualified immunity  for police officers who fired shots at a suspect, Alejandro Estevis, after a high-speed pursuit. The court examines whether the officers' actions, particularly shots 4-9, violated  clearly establish...

Salinas v. City of Houston: Qualified Immunity Upheld 26.06.2025

This episode on Salinas v. City of Houston , details an appeal before the  United States Court of Appeals for the Fifth Circuit  concerning the fatal shooting of David Salinas by Houston police officers. The plaintiff, Brittany Salinas, argued that the officers used excessive force and that the City of Houston was liable. The court  affirmed the lower court's dismissal  of all claims, finding...

Clark v. Department of Public Safety: Excessive Force Claim 26.06.2025

This episode discusses the judicial opinion from  Clark v. Dep't of Pub. Safety, an appeal before the  United States Court of Appeals for the Fifth Circuit , concerning  Torriana Clark's  lawsuit against prison officials.  Clark , an inmate, alleged excessive force by  Sergeant Lance Wallace  under  42 U.S.C. § 1983 , following a prison incident. The  district court  had previously granted...

Managing a Multijurisdictional Case: Sniper Investigation Lessons 21.06.2025

This episode briefly discusses a comprehensive  report  titled "Managing a Multijurisdictional Case: Identifying the Lessons Learned from the Sniper Investigation," prepared by the  Police Executive Research Forum (PERF) . It offers an  exhaustive review  of the 2002 sniper investigation, drawing on over 100 interviews with law enforcement and government officials. The report serves as a...

Grisham v. Valenciano: Arrests of Armed Protesters Affirmed 18.06.2025

This episode details  Grisham v. Valenciano, a case heard by the  United States Court of Appeals for the Fifth Circuit  on February 26, 2024. The  plaintiffs, Christopher Grisham and James Everard , appealed a district court's summary judgment in favor of  defendants, including Olmos Park Chief of Police Rene Valenciano and the City of Olmos Park , concerning civil rights claims under  42 U.S....

Listen to the Swear on the Stand podcast in Replaio

Radio and podcasts in one app - free, with no sign-up. Install today and do not miss the launch

Get it on Google Play

Replaio is not a podcast publisher; show names, artwork and audio belong to their authors and are distributed through public RSS feeds.