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
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Podcast website
Latest episode
Oct 28, 2026
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Episodes
Pung v. Isabella County: Tax Sales and Just Compensation 16.07.2026 39:14
In the 2026 case of Pung v. Isabella County , the Supreme Court of the United States addressed whether the government must compensate a homeowner for a property's fair market value after a tax foreclosure sale. The petitioner, Michael Pung, argued that receiving only the surplus proceeds from an auction—rather than the home's much higher assessed value—violated the Fifth Amendment’...
Blanche v. Lau: Burdens of Proof for Reentering Residents 15.07.2026 35:35
This Supreme Court case, Blanche v. Lau , addresses whether border officers must possess clear and convincing evidence of a crime before treating a lawful permanent resident as an applicant for admission. Under the Immigration and Nationality Act , residents returning from abroad are typically considered already admitted, but an exception exists for those who have committed certain offenses...
McCarthy v. Hernandez: Limiting AEDPA Habeas Relief over Seibert Instructions 14.07.2026 29:16
This Supreme Court opinion reverses a lower court's decision to grant habeas corpus relief to Pedro Hernandez, who was convicted for the 1979 murder of Etan Patz. The Second Circuit had previously ruled that the trial judge erred by failing to instruct the jury on legal attenuation regarding the defendant's multiple confessions. However, the Supreme Court determined that the Antit...
Rey v. LCMC Health Care Partners 11.07.2026 36:52
This episode details a ruling from the United States Court of Appeals for the Fifth Circuit regarding a lawsuit over helicopter noise and vibrations at a New Orleans hospital. A group of local residents sought a mandatory injunction to force the hospital to relocate its helipad, but the district court found that federal regulations preempted such a request. The plaintiffs attempted to appe...
The Juneau Group v. Vendera: LLC Capacity and Sealing Orders 11.07.2026 44:13
This case from the Fifth Circuit Court of Appeals details a dispute involving The Juneau Group, LLC , which sued several entities for misappropriation of trade secrets after a failed asset acquisition. The court primarily addressed whether the LLC had the legal capacity to sue , ultimately affirming that the case must be dismissed because the entity was voluntarily dissolved before the law...
Preemption of Texas Resident Tuition Rates for Illegal Aliens 11.07.2026 52:44
This federal court opinion focuses on a legal battle over Texas laws that allow undocumented students to qualify for in-state tuition rates. The United States government sued Texas, arguing that federal law preempts these state rules because they grant benefits to noncitizens that are not equally available to all U.S. citizens . Although Texas quickly settled the case, several groups at...
Jurisdictional Limits of the Rooker-Feldman Doctrine 10.07.2026 53:24
This Supreme Court decision details the legal standards of the Rooker-Feldman doctrine , which prevents federal district courts from acting as appellate bodies for state-court decisions. The case involves T.M. , a petitioner who sought to void a state-sanctioned medical consent order in federal court while her state appeal was still pending. In a majority opinion authored by Justice Sotomayor...
Hunter v. United States: Limits of Sentence Appeal Waivers 09.07.2026 47:39
The provided episode discusses a Supreme Court of the United States opinion from the June 2026 case Hunter v. United States . The Court addressed whether a knowing and voluntary appeal waiver in a plea agreement is enforceable if the resulting sentence involves an egregious judicial error . Delivering the majority opinion, Justice Kagan established a "miscarriage of justice" exc...
Larkins v. S.D.P. Manufacturing: Due Diligence in Process Service 08.07.2026 41:44
This episode details a Fifth Circuit Court of Appeals decision regarding whether a lawsuit was filed and served within the required statute of limitations . The court reversed a lower court's dismissal of the case, ruling that the plaintiffs demonstrated sufficient diligence in effecting service despite a 50-day delay. The opinion clarifies that under Texas law , plaintiffs are held to a...
Short-Term Rental Zoning and the Right to Lease 07.07.2026 40:13
·Jun 19, 2026 The United States Court of Appeals for the Fifth Circuit recently affirmed a lower court's decision to uphold a New Braunfels, Texas , zoning ordinance that restricts short-term rentals in residential areas. Property owners challenged the law, arguing that it violated their due process and equal protection rights under both federal and state constitutions. The court dete...
United States v. Comeaux: Silencers as Second Amendment Arms 06.07.2026 46:46
In the case of United States v. Comeaux , the Fifth Circuit Court of Appeals officially determined that firearm silencers qualify as "Arms" protected by the Second Amendment . The court reasoned that these devices facilitate armed self-defense by making firearms safer and more effective for lawful use. Despite this landmark classification, the court upheld the defendant’s convi...
Polygraphs and Treatment Courts 03.07.2026 49:11
This episode examines the functional role of problem-solving courts , specifically focusing on drug courts and the containment model for sex offender management. The materials explain how these specialized legal venues utilize polygraph testing as a clinical and supervisory tool to encourage offender honesty and monitor program compliance. While typically inadmissible in standard trials,...
Maritime Lien Attachment and the Absence of Actual Knowledge 03.07.2026 1:08:07
In this episode, the Fifth Circuit Court of Appeals affirms a district court decision regarding maritime liens and unpaid towage services. The dispute arose when Louisiana International Marine (LIM) sought payment for towing two barges owned by Trailer Bridge , which had been chartered to a third party that subsequently went bankrupt. The court determined that a valid maritime lien attach...
United States v. Baldemoro: Limits of Postrevocation Imprisonment 02.07.2026 33:37
This episode is a formal opinion from the United States Court of Appeals for the Fifth Circuit regarding the consolidated appeals of James Baldemoro. After serving a ten-year maximum sentence for child pornography, Baldemoro challenged two subsequent revocations of his supervised release that resulted in additional prison time. He argued that these further periods of incarceration were unco...
EnvTech v. DeBusk: Trade Secret Theft and RICO Violations 01.07.2026 57:37
This episode contains a Fifth Circuit Court of Appeals opinion that reverses the dismissal of a RICO lawsuit filed by EnvTech, Inc. against Patrick DeBusk , the CEO of USA DeBusk (USAD). EnvTech alleges that DeBusk orchestrated a systemic pattern of trade secret theft by hiring competitors' key employees to steal proprietary chemical cleaning formulas for oil refineries. While a lower...
Whitton v. Dixon: Improper Use of Post-Trial DNA Evidence 30.06.2026 44:09
This episode details a Supreme Court of the United States decision to vacate a lower court's ruling in the capital case of Gary Richard Whitton . The central dispute involves a Giglio violation concerning a jailhouse informant who provided false testimony about his criminal history during Whitton’s murder trial. While the Eleventh Circuit acknowledged the testimony was false, it denied...
The Privacy of Physical Movement: Chatrie v. United States 29.06.2026 25:58
This episode presents the United States Supreme Court’s 2026 decision in Chatrie v. United States , a landmark case concerning the constitutionality of geofence warrants . The Court ruled that law enforcement conducts a Fourth Amendment search when it acquires a person's Location History data from private companies like Google, as individuals maintain a reasonable expectation of priva...
Disparity from Nonretroactive Sentencing Changes in Compassionate Release Eligibility 29.06.2026 53:32
·Jun 16, 2026 In the 2026 Supreme Court case Rutherford v. United States , the Court addressed whether nonretroactive changes to sentencing laws could qualify as an "extraordinary and compelling reason" to grant compassionate release . The legal dispute focused on the First Step Act of 2018 , which reduced mandatory penalties for certain firearm offenses but did not automatically a...
Fernandez v. United States: Limits on Compassionate Release Claims 26.06.2026 45:04
The Supreme Court case of Fernandez v. United States addresses whether a prisoner can seek a sentence reduction through compassionate release by challenging the validity of their underlying conviction . In a 6-3 decision, the Court held that extraordinary and compelling reasons for release under 18 U. S. C. § 3582(c) must relate to a defendant’s personal circumstances , such as illness or...
Abouammo v. United States: Venue for Document Falsification 25.06.2026 40:01
This episode contains a Supreme Court opinion from June 2026 regarding the case Abouammo v. United States , which centers on the legal requirements for criminal venue . The dispute arose after Ahmad Abouammo, a former Twitter employee, was convicted of falsifying a document with the intent to obstruct a federal investigation under 18 U. S. C. §1519 . Although the investigation was based in ...
United States v. Hemani: Second Amendment and Substance Use 25.06.2026 31:02
This episode is a Supreme Court syllabus and opinion from the case United States v. Hemani , which addresses the intersection of Second Amendment rights and federal drug laws. The Court ruled that 18 U. S. C. §922(g)(3) , a statute disarming "unlawful users" of controlled substances, is unconstitutional when applied to individuals based solely on regular marijuana use . Justice...
The Horsemen’s Challenge: Nondelegation and the Future of HISA 24.06.2026 55:42
This 2026 ruling from the Fifth Circuit Court of Appeals evaluates the constitutionality of the Horseracing Integrity and Safety Act (HISA) following a previous remand from the Supreme Court . The court concludes that while recent legislative amendments successfully cured nondelegation issues regarding the Authority’s rulemaking by granting the FTC final policy oversight, the statute...
Landor v. Louisiana Department of Corrections 23.06.2026 53:16
In Landor v. Louisiana , the Supreme Court ruled that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not permit inmates to sue prison officials for money damages in their individual capacities . The majority opinion, authored by Justice Gorsuch , grounded this decision in the Spending Clause , explaining that federal statutes tied to funding are akin to contracts ....
United States v. Ma: Enforcement of Oral Mediation Agreements 23.06.2026 48:34
This episode contains a Fifth Circuit Court of Appeals opinion affirming a district court's decision to enforce a settlement agreement between the United States and Ma Acupuncture Center . The government initially sued the defendants under the False Claims Act for allegedly defrauding the Department of Veterans Affairs through inflated billing practices. Although the parties reached a...
Guilbeau v. Schlumberger: Hybrid Pay and FLSA Exemptions 22.06.2026 44:56
This case, from the Fifth Circuit Court of Appeals examines whether oilfield workers are entitled to overtime pay under the Fair Labor Standards Act . The defendant, Schlumberger , utilized a "hybrid" payment model that combined a fixed biweekly salary with variable daily rates for field work. The court determined that because the employees received a guaranteed minimum salary...
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