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.
Be sure to visit the podcast's website and support the creator: podcasters.spotify.com
Author
Daniel W. Swear
Category
Podcast website
Latest episode
Oct 28, 2026
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Episodes
Saravia Martinez v. Blanche: The Limits of Equitable Tolling 05.08.2026 34:45
This episode details a decision by the United States Court of Appeals for the Fifth Circuit regarding an immigration appeal filed by Claudia Marilyn Saravia Martinez . The court dismissed her petition for review as untimely , determining that the mandatory 30-day filing deadline cannot be extended through equitable tolling . In a concurring opinion, Judge Ho argues that the text and histor...
Liedtke v. City of Austin: Sex Discrimination and Retaliation Claims 05.08.2026 56:38
This court opinion from the Fifth Circuit Court of Appeals addresses an appeal by former officer Samantha Liedtke against the City of Austin regarding claims of sex discrimination, retaliation, and a hostile work environment . While the court rejected the hostile work environment claim due to poor briefing, it overturned the lower court’s dismissal of the discrimination and retaliation ...
Crane v. Penske: Statutory Employer and Broker Liability Ruling 05.08.2026 34:26
This episode details a Fifth Circuit Court of Appeals decision regarding a fatal collision involving a commercial tractor-trailer. The court addressed whether Penske Logistics , as the primary carrier that outsourced a delivery, could be held vicariously liable for the negligence of a driver employed by a third-party subcontractor. Reversing a lower court's ruling, the appellate judges de...
Tuttle v. Gallegos: Qualified Immunity in the Harding Street Raid 05.08.2026 47:43
This Fifth Circuit Court of Appeals opinion addresses a high-profile qualified immunity case involving Officer Felipe Gallegos and the fatal 2019 Harding Street raid . The court reviewed whether Gallegos used excessive force when he shot and killed Dennis Tuttle and Rhogena Nicholas during the execution of a no-knock warrant that was based on falsified police affidavits . Although the di...
United States v. Arrieta: Defining Major Institutional Disruption 04.08.2026 50:23
In the legal case United States v. Arrieta , the Fifth Circuit Court of Appeals affirmed a sentencing decision regarding a mutiny at an ICE detention facility . The defendant, Jhonaker Manuel Arrieta , participated in a three-and-a-half-hour standoff where detainees occupied a roof, leading to a six-hour facility lockdown and the deployment of specialized law enforcement teams . The ce...
Dilworth v. Tucker: Affirming Qualified Immunity in Fourth Amendment Appeal 03.08.2026 43:04
This episode contains a judicial opinion from the United States Court of Appeals for the Fifth Circuit regarding a lawsuit filed by Christopher Dilworth against Officer Landon Tucker . The court affirmed a summary judgment dismissal of Dilworth’s claims for false arrest and excessive force , which originally stemmed from an incident where he was tased and detained on his own property....
Garrity v. New Jersey: Coerced Statements and Job Forfeiture Rights 31.07.2026 40:21
This episode details the landmark Supreme Court case Garrity v. New Jersey , which addressed whether the state can force public employees to choose between their Fifth Amendment rights and their livelihoods. In this case, police officers under investigation for ticket fixing were told they would be fired if they refused to answer questions that might incriminate them. The majority opinion , a...
United States v. Hunter: Affirming the Medication Condition Waiver 30.07.2026 50:16
This episode from the Fifth Circuit Court of Appeals details the dismissal of an appeal by Munson P. Hunter, III , who challenged a supervised release condition requiring him to take prescribed mental health medication. Following a Supreme Court remand , the court applied a new "miscarriage of justice" standard to determine if Hunter’s appellate waiver should be bypassed due to...
Wolford v. Lopez: The Second Amendment and Private Property Access 30.07.2026 37:50
This episode contains a Supreme Court opinion from the 2026 case Wolford v. Lopez , which addresses the constitutionality of Hawaii’s firearm regulations. Following the landmark Bruen decision, Hawaii enacted a law prohibiting licensed individuals from carrying firearms onto private property open to the public unless they obtained express authorization from the owner. The Court’s majority r...
Fifth Circuit Affirmation of Capital Murder Sentencing in Davis v. Guerrero 29.07.2026 50:26
This episode discusses a 2026 opinion from the United States Court of Appeals for the Fifth Circuit regarding the capital murder case of Irving Alvin Davis . The court reviewed Davis’s appeal to overturn his death sentence, which followed the brutal sexual assault and killing of a teenage girl. The primary legal issues involved whether the state violated Davis’s First Amendment rights by intr...
Merriott v. Bossier City: Speech and Decorum in Public Meetings 28.07.2026 48:17
This episode from the Fifth Circuit Court of Appeals outlines a lawsuit brought by Weston Merriott against the City of Bossier City regarding speech restrictions at public meetings. The court examined whether the city's "Decorum Policy," which forbids "personal, impertinent, or slanderous remarks," violates the First Amendment . In its ruling, the court found the p...
Judicial Review of FDA Menthol E-Cigarette Regulations 27.07.2026 1:00:47
The Fifth Circuit Court of Appeals upholds the FDA's decision to block the sale of menthol-flavored e-cigarette products manufactured by VDX Distro . The court rejected several constitutional and procedural challenges, ruling that the Food and Drug Administration has the legal authority to regulate vaping products under the Tobacco Control Act . Central to the ruling is the "co...
Digital Rights and Texas Online Safety Regulations 26.07.2026 46:42
This legal ruling from the United States Court of Appeals for the Fifth Circuit addresses challenges to the Texas SCOPE Act , a law designed to protect minors from harmful social media content. The court determined that the Students Engaged in Advancing Texas (SEAT) plaintiffs lacked standing to challenge the law because they are not directly regulated by it and failed to show a substantial...
United States v. Debrow: Second Amendment Challenges and Predicate Felonies 26.07.2026 43:30
This episode discusses is an opinion from the United States Court of Appeals for the Fifth Circuit regarding the case of Talanzo Debrow , who challenged his conviction for felon in possession of a firearm . Debrow argued that the federal ban on firearm possession is unconstitutional as applied to him because his previous felony for aggravated criminal damage to property was a non-violent p...
United States v. Trayvon Murphy: Appeal and Resentencing Verdict 26.07.2026 36:23
This episode from the United States Court of Appeals for the Fifth Circuit details the appeal of Trayvon Murphy regarding his criminal sentence for conspiracy and robbery. While the court upheld the district court’s decisions on drug quantity calculations , witness credibility , and the standard of proof , it ultimately reversed the sentence based on a technical application of the Senten...
United States v. Palomares: Disarming Convicted Alien Smugglers 26.07.2026 21:34
In the case of United States v. Palomares , the Fifth Circuit Court of Appeals addressed whether a felon convicted of transporting illegal aliens can be permanently barred from firearm ownership . While a lower district court initially dismissed the gun possession charges as unconstitutional, the appellate court reversed that decision. The judges determined that alien smuggling constit...
United States v. Michael and Tiffany Fullerton 26.07.2026 54:05
In this episode, the United States Court of Appeals for the Fifth Circuit affirms the convictions and multi-year sentences of Michael and Tiffany Fullerton for their roles in a $3 million COVID-19 relief fraud . The couple conspired to submit fraudulent Paycheck Protection Program loan applications by using defunct businesses, fabricated tax records, and stolen identities. The court details...
Limits of OSHA Authority Over Mental Health Recordkeeping 26.07.2026 18:59
This episode is a Fifth Circuit Court of Appeals opinion regarding a dispute between Exxon Mobil Corporation and the Occupational Safety and Health Administration (OSHA) . The court addressed whether federal law permits OSHA to compel employers to record work-related mental illnesses , specifically focusing on a post-traumatic stress disorder diagnosis following a refinery explosion. After...
Roberts v. KJ Win: Affirming a $2.8 Million Default Judgment 24.07.2026 20:24
This episode discusses a legal opinion from the United States Court of Appeals for the Fifth Circuit regarding a high-stakes personal injury lawsuit . The case involves a multi-vehicle collision caused by a KJ Win, Inc. tractor-trailer, resulting in a $2.8 million default judgment after the trucking company failed to respond to the initial suit. The appellate court affirmed the lower...
Sanchez v. Nunemaker: Excessive Force and Qualified Immunity Defense 23.07.2026 47:52
This judicial opinion from the Fifth Circuit Court of Appeals reviews a lawsuit involving a deputy sheriff accused of using excessive force against a detained motorist. The court describes how the officer discharged a high-velocity pepper spray device directly into the plaintiff’s eye at a dangerously close range, resulting in permanent blindness . Although the officer claimed qualified...
Starbucks v. NLRB: Labor Disputes and Fifth Circuit Ruling 22.07.2026 53:29
This episode from the United States Court of Appeals for the Fifth Circuit details a judicial review of labor dispute findings involving Starbucks Corporation and the National Labor Relations Board . The case centers on allegations of anti-union misconduct at a California store, including claims that management used coercive threats and interrogations to discourage employees from organi...
Brenyah v. Columbia Hospital Corporation of Bay Area 21.07.2026 47:48
This legal document detail an appellate court ruling regarding Brenda Brenyah’s lawsuit against Corpus Christi Medical Center for various forms of workplace discrimination. The court affirmed the dismissal of most of her allegations, including those involving disability discrimination and retaliation, finding a lack of evidence or procedural failures. However, the judges reversed the summar...
Supreme Court Decision on ATS and TVPA Aiding and Abetting 20.07.2026 1:03:14
In the 2026 case of Cisco Systems, Inc. v. Doe , the Supreme Court of the United States addressed whether American corporations and their executives could be held liable for aiding and abetting human rights abuses abroad. The plaintiffs, practitioners of Falun Gong , alleged that Cisco developed surveillance technology specifically designed to help the Chinese government identify and tor...
Thompson v. City of Godley: Retaliatory Arrest and False Records 18.07.2026 43:17
This episode from the United States Court of Appeals for the Fifth Circuit details a lawsuit filed by Jennifer Thompson against the City of Godley and its officials. Thompson, a former city councilwoman, alleges her constitutional rights were violated when she was arrested for tampering with government records —an act she claims was retaliation for her political opposition to the mayor....
Exxon Mobil Corp. v. Corporación CIMEX, S. A. (Cuba) 17.07.2026 41:58
In the 2026 case of Exxon Mobil Corp. v. Corporación CIMEX , the Supreme Court of the United States ruled that the Helms-Burton Act allows American nationals to sue Cuban government-owned entities for trafficking in confiscated property without needing to satisfy the specific exceptions of the Foreign Sovereign Immunities Act (FSIA) . Writing for the majority, Justice Kavanaugh argued th...
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