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
Podcast website
Latest episode
Jul 10, 2026
Where to listen?
Podcasts in the app Replaio Radio Coming soonPodcasts are coming to the app soon. Install now and be the first to see a whole new take on podcasts
Episodes
November 2025 Appellate Court Review 08.01.2026 12:34
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 14:11
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 13:13
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 40:12
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 11:41
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 13:21
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 14:26
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 13:32
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"...
State v. Wilson: Terry Stops and Sentencing Guidelines 11.09.2025 59:42
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 46:27
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 19:18
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 13:06
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 21:01
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 16:40
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 23:44
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 15:12
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 13:10
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 21:14
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 18:28
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 15:24
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 12:07
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 13:41
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 11:29
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 17:52
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 17:07
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....
Similar podcasts
Replaio is not a podcast publisher; show names, artwork and audio belong to their authors and are distributed through public RSS feeds.