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
Fifth Circuit Stay of FDA Mifepristone Remote Dispensing Regulation 07.05.2026 51:29
This episode from the Fifth Circuit Court of Appeals details the court's decision to suspend federal regulations that allowed the abortion drug mifepristone to be prescribed online and delivered by mail. The state of Louisiana challenged the FDA , arguing that the agency bypassed essential safety protocols and ignored the drug’s financial and legal impact on states with abortion bans. W...
United States v. Wilson: Rehearing the Machinegun Ban Challenge 06.05.2026 46:04
This episode details the Fifth Circuit Court of Appeals’ decision to deny a rehearing for Jamaion Wilson , who was convicted of possessing a machine gun. Although the court upheld the conviction, the judges issued conflicting opinions regarding the constitutionality of 18 U.S.C. § 922(o) and the validity of existing circuit precedents. Judge Willett acknowledged potential issues with how th...
United States v. Tata Consulting: Reverse False Claims Act Ruling 05.05.2026 50:00
This episode details a Fifth Circuit Court of Appeals decision regarding a whistleblower lawsuit filed against Tata Consulting Services under the False Claims Act . The plaintiff, Jack Palmer, alleged that the company committed visa fraud by applying for inexpensive, improper visas and underpaying foreign workers to avoid higher federal fees and payroll taxes . However, the court upheld the...
Texas v. United States: Standing to Challenge S.B. 4 04.05.2026 51:18
This episode details a legal opinion from the Fifth Circuit Court of Appeals regarding a high-profile dispute over Texas Senate Bill 4 (S.B. 4) , a state law allowing local authorities to arrest and deport individuals for illegal entry. The court ultimately vacates a preliminary injunction that had blocked the law, primarily finding that the plaintiffs lack legal standing to bring the chall...
Battieste v. United States: The Seven-Year Statute of Repose 01.05.2026 36:49
This episode details a Fifth Circuit Court of Appeals decision regarding a medical malpractice lawsuit involving a veteran's estate and the federal government. The case stems from an unauthorized surgery performed at a Veterans Affairs hospital in 2006, which the plaintiff argued was only discovered much later. The court focused on whether Mississippi law creates an absolute time limit...
Martin v. Burgess: The Right to Access Bond Records 30.04.2026 43:54
This episode details a legal dispute involving Scott Martin , a marketer who sued Harris County officials after they restricted public access to criminal defendants' personal contact information in bail records. Martin argued that the administrative order hiding this data violated his First and Sixth Amendment rights by damaging his business of providing leads to defense attorneys. The ...
The Fourth Amendment and the Constitutionality of Geofence Warrants 29.04.2026 50:02
This episode details an en banc ruling by the United States Court of Appeals for the Fourth Circuit regarding the constitutionality of geofence warrants . The case, United States v. Chatrie , examines whether law enforcement violated the Fourth Amendment by compelling Google to provide location data from all users near a 2019 bank robbery. The court ultimately affirmed the lower court&...
United States v. Davalos: Fourth Amendment Search Affirmation 28.04.2026 47:40
This episode outlines a Fifth Circuit Court of Appeals decision regarding David Davalos , who challenged the legality of a warrantless vehicle search conducted in his driveway. Following a traffic stop for a minor violation, a state trooper discovered marihuana and a firearm inside the car's door panel, leading to Davalos’s conviction as a felon in possession of a weapon. The court exam...
Carter v. Dupuy: Qualified Immunity for De Minimis Force 27.04.2026 38:25
This episode discusses a Fifth Circuit Court of Appeals opinion regarding a lawsuit filed by Amanda Carter against Deputy Chad Dupuy and Sheriff Jason Ard following a confrontation at a high school. The court addressed whether the officer's actions—which involved briefly grabbing and pushing Carter out of a school office after she refused to leave during a child custody dispute—const...
The Ten Commandments and the Historical Establishment Test 24.04.2026 42:21
This episode presents a legal opinion from the United States Court of Appeals for the Fifth Circuit regarding the constitutionality of a Texas law, S.B. 10 , which mandates the display of the Ten Commandments in public school classrooms. The court reversed a previous injunction, ruling that the statute does not violate the Establishment Clause or the Free Exercise Clause of the First Amen...
Davis v. Warren: Fifth Circuit Appellate Review 23.04.2026 47:44
This episode from the Fifth Circuit Court of Appeals reviews a civil rights lawsuit filed by Daryl Davis against various Texas officials following a 2019 traffic stop and drug arrest. While the court upheld the dismissal of Davis’s claims regarding unlawful arrest , excessive force , and malicious prosecution , it determined that some of these legal challenges failed due to statute of li...
United States v. Lezama-Ramirez: Supervised Release and Oral Pronouncement 22.04.2026 29:52
This episode details a Fifth Circuit Court of Appeals decision regarding an appeal filed by Luis Alfredo Lezama-Ramirez over his sentencing for unlawful reentry. The court primarily addressed discrepancies between the supervised-release conditions stated orally at sentencing and those listed in the written judgment . While the majority upheld most conditions because they were included in...
The Omission of Acquittal: State v. Michael Steven White 21.04.2026 55:52
The Supreme Court of Louisiana recently reversed the burglary convictions of Michael Steven White because the written verdict form provided to the jury failed to include a "not guilty" option. Although the trial judge gave correct verbal instructions, the written form listed only guilty , guilty of attempted simple burglary , and guilty as the possible responses. The majority o...
United States v. Conchas-Mancilla: Canine Alerts and Probable Cause 20.04.2026 26:38
This episode details the Fifth Circuit Court of Appeals' decision to uphold a drug conviction against Jesus Arturo Conchas-Mancilla . The defendant challenged the search of his vehicle, arguing that a drug dog's instinctual alert was insufficient to establish probable cause compared to a formal, trained indication. However, the court ruled that the totality of the circumstances , i...
Cuevas Machine Company v. Calgon Carbon: Mississippi Lien Validity Certification 17.04.2026 42:41
This episode details a Fifth Circuit Court of Appeals case regarding the validity of construction liens under Mississippi law. The dispute centers on whether Cuevas Machine Company properly established its liens against Calgon Carbon Corporation by attaching invoices rather than explicitly stating the final date of service within the lien filing. Because state statutes require the "la...
Constitutional Limits on the Federal Prohibition of Home Distilling 16.04.2026 24:34
This episode details a Fifth Circuit Court of Appeals decision regarding the constitutionality of a long-standing federal ban on at-home distilling for personal consumption. A group of hobbyists and the Hobby Distillers Association challenged the statutes, arguing that the prohibition exceeds the legislative powers granted to Congress . The court concluded that all plaintiffs have standing...
Chiles v. Salazar: The First Amendment and Talk Therapy 15.04.2026 41:40
This episode outlines the Supreme Court's 2026 decision in Chiles v. Salazar , which addressed whether Colorado's ban on conversion therapy for minors violates the First Amendment rights of licensed counselors. Petitioner Kaley Chiles argued that the law unconstitutionally restricted her use of "talk therapy" to help clients achieve their personal goals regarding sexual...
Rico v. United States: Abscondment and Supervised Release Tolling 14.04.2026 42:34
In the case RICO v. UNITED STATES , the Supreme Court ruled that a defendant’s term of federal supervised release does not automatically extend if the individual absconds or fails to report. The Ninth Circuit had previously held that such a term is "tolled" while a defendant is a fugitive, allowing for new crimes committed during that period to be treated as formal release viol...
Olivier v. City of Brandon: The Future Relief Rule 13.04.2026 36:35
This Supreme Court opinion in Olivier v. City of Brandon addresses whether a person previously convicted of a crime can later challenge the constitutionality of that same law. The petitioner, a street preacher named Gabriel Olivier , sought a federal injunction to prevent future enforcement of a city ordinance that restricted his speech near a public amphitheater. While lower courts held that t...
Urias-Orellana v. Bondi: Standards for Reviewing Persecution Claims 12.04.2026 35:34
This episode is from a Supreme Court of the United States slip opinion from the 2025 term regarding the case Urias-Orellana v. Bondi . In a unanimous decision authored by Justice Jackson , the Court addressed whether federal appeals courts should use a deferential "substantial-evidence" standard or a de novo review when evaluating asylum denials. The petitioners, a family from E...
Galette v. New Jersey Transit Corporation 11.04.2026 49:52
This episode from Galette v. New Jersey Transit Corporation (2026) clarifies the criteria used to determine if a state-created entity qualifies as an "arm of the state" for sovereign immunity purposes. The Court unanimously ruled that NJ Transit is not entitled to immunity because it was structured as a legally separate corporation with the power to sue, be sued, and manage its...
Parental Rights and Gender Transition in Schools 10.04.2026 45:51
This episode contains a Supreme Court of the United States per curiam opinion and subsequent opinions from a 2026 case regarding California’s school policies on student gender identity . The Court vacated a stay issued by the Ninth Circuit, effectively reinstating a lower court's injunction that prevents schools from withholding information about a child’s gender transition from the...
The Sixth Amendment and Midtestimony Conferral Orders 09.04.2026 37:48
This Supreme Court syllabus and opinion from Villarreal v. Texas (2026) examine whether a judge violates the Sixth Amendment by restricting a testifying defendant’s communication with their lawyer during an overnight break. The Court affirmed that while a defendant has a fundamental right to legal counsel , they also assume the burdens of a witness when they choose to testify. Specifically, t...
United States v. Weaver: Good-Faith and Miranda Waiver Review 08.04.2026 59:15
This episode outlines an appeal by the United States government against a lower court’s decision to suppress evidence and statements in a criminal case against Lexus Sanchez Weaver . The Fifth Circuit Court of Appeals overturned the initial ruling, finding that law enforcement acted in good faith when executing a search warrant based on a detailed affidavit involving controlled drug purc...
Justice for Flight 302: The Boeing Mandamus Denial 07.04.2026 52:09
This episode outlines a Fifth Circuit Court of Appeals decision regarding the Department of Justice’s prosecution of Boeing following two fatal 737 MAX airplane crashes . The court addressed petitions from the victims’ families , who argued that the government violated the Crime Victims’ Rights Act (CVRA) by failing to properly consult them before entering into a non-prosecution agreement...
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