Swear on the Stand
by Daniel W. Swear
Latest episode
Why Louisiana’s Rape Kit Tracker Fails
Why Louisiana’s Rape Kit Tracker Fails
About this podcast
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.
Episodes
The newest 50 of 358 episodes
- Why Louisiana’s Rape Kit Tracker Fails · 54 minThis episode discusses an official evaluation published by the Louisiana Legislative Auditor regarding Louisiana’s Sexual Assault Kit Tracking System and the procedures used by…
- Why The Law Has Historically Rejected Lie Detectors · 54 minThis episode presents an overview of the American judicial system, outlining the hierarchical structure of federal and state courts alongside the fundamental protections…
- How OGL Rumors Destroyed Kymoria · 49 minThis Fifth Circuit legal case centers on a contractual dispute between Shawn Thomas and his company, The Tabletop Adventure, against Leyline Publishing and its affiliates…
- Clase Azul Battles Casa Azul Over Tequila · 26 minThis federal appellate court case involves a trademark infringement dispute between two premium tequila producers, Casa Tradición (selling Clase Azul) and Casa Azul Spirits…
- Why a Procedural Error Didn’t Save Herndon · 42 minDesnique Deshawn Herndon challenged his federal sex trafficking convictions by arguing that the trial court improperly altered his original indictment through jury instructions…
- How a Paper Bag Overturned a Conviction · 52 minIn State v. Mardeontae J. Lee, the Supreme Court of Louisiana reviewed the convictions of a defendant found guilty of aggravated arson and three counts of attempted first-degree…
- How a Judge's Overreach Saved UPS · 48 minIn United Parcel Service v. Benitez De Chavez, the Fifth Circuit addressed a federal diversity jurisdiction dispute regarding whether a district court could sua sponte remand a…
- Fifth Circuit Blocks Motorola 5G Discovery · 29 minThe United States Court of Appeals for the Fifth Circuit reviewed a dispute where Motorola sought U.S. discovery under 28 U.S.C. § 1782 to obtain an unredacted patent purchase…
- Why Federal Appeal Waivers Rarely Break · 50 minRashon Harris appealed his 240-month prison sentence for a methamphetamine conviction after the Fifth Circuit previously dismissed his case based on an appeal waiver. Following…
- How Dashcams Took Power From Juries in 2007 · 47 minIn Scott v. Harris, the Supreme Court of the United States addressed whether a police officer used unconstitutionally excessive force by ramming a fleeing motorist's car to end a…
- Fifth Circuit Rejects Qualified Immunity For Retaliation · 58 minIn Eva Kristine Stramaski v. Mark Lawley, the United States Court of Appeals for the Fifth Circuit addressed whether a public supervisor can claim qualified immunity in a…
- Why a Deepwater Horizon Worker Lost · 55 minThe Fifth Circuit affirmed a lower court's decision to exclude the plaintiff's expert witnesses and grant summary judgment in favor of BP in a toxic tort lawsuit arising from the…
- Train Conductor Beats Union Pacific Wordplay · 57 minThe Fifth Circuit reversed the district court's dismissal of James Bien's lawsuit against Union Pacific Railroad Company, concluding that his claims were protected by American…
- How Junk Polygraphs Convicted Emmanuel Mervilus · 44 minIn Mervilus v. Union County, the Third Circuit evaluated a wrongful conviction lawsuit brought by Emmanuel Mervilus, who spent over a decade in prison after being convicted using…
- Can Schools Punish a Refused Handshake? · 50 minThis federal appeals court case centers on a lawsuit filed by Marc Lucio, a teacher and coach, alongside his family against the Brownsville Independent School District and…
- Court Rules Eyewear Tracking Is Wiretapping · 50 minIn Rachelle Rand v. Eyemart Express, L.L.C., the United States Court of Appeals for the Fifth Circuit reversed a lower court's dismissal of a class action lawsuit filed by…
- Fifth Circuit Denies Immigrant Bond Hearings · 49 minThis case concerns the en banc review of consolidated habeas corpus petitions filed by three unadmitted aliens who were detained by immigration authorities under 8 U.S.C. §…
- Why Jose Estrada Remains Under Federal Supervision · 48 minThis episode outlines a Fifth Circuit Court of Appeals decision regarding an appellant named Jose Estrada, who contested the jurisdiction of a Texas district court after his…
- Judge Removed After AI Hallucinates DEI Ruling · 50 minThe United States Court of Appeals for the Fifth Circuit reviewed a preliminary injunction that had blocked the enforcement of Mississippi House Bill 1193, a state statute…
- The Lawsuit Over Secret FEMA Disaster Rules · 56 minThis appellate court ruling addresses a long-standing legal battle between La Unión del Pueblo Entero (LUPE) and the Federal Emergency Management Agency (FEMA) regarding…
- How the Second Amendment Saved Switchblades · 45 minIn a recent Fifth Circuit decision, the court evaluated a Second Amendment challenge against the federal restrictions on switchblade knives. The judges determined that…
- Water Taxi or Floating Office? · 46 minThis federal appellate case centers on whether a Master Service Agreement between Quality Process Services and Whitney Oil and Gas qualifies as a maritime contract. Because the…
- When the FBI Shot a Bound Hostage · 45 minThis United States Court of Appeals case addresses a tragic hostage rescue incident where a federal agent accidentally shot and killed the bound hostage, Ulises Valladares…
- How US Courts Denied Afghan Protection · 43 minThe federal appeals court denied an Afghan native's petitions seeking protection under the Convention Against Torture, alongside requests to reconsider his case or remand it for…
- Why Appeal Waivers Protect Botched Sentences · 44 minFollowing a Supreme Court remand, the Fifth Circuit Court of Appeals evaluated whether an appeal waiver should be set aside for Devin Chaney, who challenged his sentence…
- How an Unconstitutional Law Silenced Free Speech · 49 minIn Joy Banner v. Michael Wright et al., the plaintiff appealed a lower court's refusal to grant a new trial following a unanimous jury verdict against her in a First Amendment…
- Texas Blocks Chinese Solar Grid Access · 38 minIn GH America Energy, L.L.C. v. Fohn, the United States Court of Appeals for the Fifth Circuit addressed whether the federal Committee on Foreign Investment in the United States…
- Diners Can Sue Over Fake Snapper · 48 minThe Fifth Circuit considered an appeal regarding whether a customer, Todd McCain, suffered a valid Article III injury after purchasing what he believed was local premium seafood…
- Court Rules FCC Phone Fee Illegal · 1 h 11 minIn this federal appellate court case, the Fifth Circuit evaluated a challenge to the Federal Communications Commission regarding its Universal Service Fund contribution rates…
- How a Broker Pocketed Thirteen Million Dollars · 56 minThe Fifth Circuit Court of Appeals reviewed a legal dispute involving SEACOR Marine and GOL, a maritime broker that secured vessel charters for oil and gas companies like Cox…
- How a Spreadsheet Busted a Fraudulent Chiropractor · 43 minChiropractor Benjamin Tekippe appealed his conviction and sentence for multiple counts of health care fraud and wire fraud involving Blue Cross and Blue Shield of Louisiana…
- Ginnie Mae’s Extinguishment of Mortgage Tails · 43 minThis legal dispute centers on a federal appeal regarding mortgage-backed securities and the authority of Ginnie Mae to extinguish a bankrupt lender's mortgage interests. When a…
- Hogan v. FCI La Tuna Case Manager · 42 minA federal appeals court affirmed the dismissal of a habeas corpus petition filed by prisoner Dennis Michael Hogan, who sought First Step Act time credits for the period between…
- Appliance Efficiency Standards and Federal Jurisdiction · 58 minIn Bill Word v. U.S. Department of Energy, appliance consumers appealed a lower court's dismissal of their lawsuit challenging federal energy and water-consumption rules for…
- Winter Storm Uri Contract Dispute · 37 minIn a legal battle concerning a natural gas supply contract, MIECO, L.L.C. appealed a district court decision favoring producer Pioneer Natural Resources USA, Inc. after Winter…
- Navejas v. City of El Paso · 50 minDebbie Navejas filed a lawsuit as the representative of her deceased father, Armando Navejas, against Officer Steven Jaso and the City of El Paso following a tragic…
- United States v. Koan · 35 minThe Fifth Circuit Court of Appeals reviewed the federal sentence of David Daniel Koan, who was convicted of producing child pornography after serving nearly forty months in Texas…
- Frankfort v. Metropolis Technologies · 47 minIn Frankfort v. Metropolis Technologies, the Fifth Circuit Court of Appeals reviewed a lower court's dismissal of a class-action lawsuit filed by drivers Curtis Goodban and Todd…
- Phillips v. Ethicon Endo-Surgery · 44 minIn these consolidated appeals, the United States Court of Appeals for the Fifth Circuit reviewed two related Texas products liability cases arising from a patient's tragic death…
- Fifth Circuit Trade Secrets Appeal · 42 minThe United States Court of Appeals for the Fifth Circuit issued a ruling in an intellectual property dispute between Pittsburgh Logistics Systems and Glen Rose Transportation…
- United States v. Serna · 37 minIn United States v. Luis Andres Serna, the Fifth Circuit Court of Appeals affirmed the lower court's decision denying the defendant a jury instruction regarding the age of his…
- Domanic v. Christian Brothers Automotive · 41 minThe Fifth Circuit considered an appeal regarding whether a faith-based auto-repair franchise that exclusively partners with professing Christians unlawfully discriminated against…
- Denial of Certificate of Appealability for Gerald Marshall · 54 minThis episode discusses a formal opinion from the United States Court of Appeals for the Fifth Circuit regarding the capital murder case of Gerald Marshall. After Marshall was…
- Unconstitutional Interstate Handgun Sales: The Fifth Circuit Opinion · 51 minIn Elite Precision Customs L.L.C. v. ATF, the Fifth Circuit Court of Appeals invalidated federal laws that prohibit the interstate sale and delivery of handguns to nonresidents…
- United States v. Chaney: Enforcing the Appeal Waiver Standard · 44 minIn this judicial opinion, the Fifth Circuit Court of Appeals reaffirms the dismissal of Devin Chaney's appeal regarding his sentencing as a career offender. Following a remand…
- Crawford v. West Texas A&M University Retaliation Ruling · 41 minThis episode details a retaliation lawsuit filed by Nathan Crawford, a former police officer at West Texas A&M University. The case centers on Crawford’s claim that he was…
- Rash v. Lafayette County: The Courthouse Art Exhibition Dispute · 37 minThis episode outlines a ruling by the United States Court of Appeals for the Fifth Circuit regarding a dispute over the use of public courthouse grounds for artistic expression…
- Legal Vacatur of the EPA Methylene Chloride Rule · 56 minThis episode discusses a judicial opinion from the United States Court of Appeals for the Fifth Circuit regarding the regulation of methylene chloride. The court vacated a strict…
- Ramirez v. Guerrero: Appeal for Certificate of Appealability · 40 minThis episode outlines the denial of a certificate of appealability for Juan Raul Navarro Ramirez, a Texas inmate sentenced to death for capital murder. The majority opinion…
- Harward v. City of Austin: Equal Protection and Abstention · 51 minThis episode details a jurisdictional conflict between property owners and the City of Austin regarding shoreline land along Lake Austin. The dispute centers on a 2019 ordinance…
