Swear on the Stand

Daniel W. Swear

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.

  1. 10h ago

    Whitton v. Dixon: Improper Use of Post-Trial DNA Evidence

    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 relief by citing post-trial DNA evidence to prove that any error was harmless. The Supreme Court ruled this analysis improper, asserting that evidence never seen by the jury cannot be used to determine if a constitutional error influenced the original verdict. In a sharp dissent, Justice Thomas argued that the error was inconsequential given the other evidence and criticized the Court for prioritizing a "technicality" over more significant cases.

    44 min

  2. 1d ago

    The Privacy of Physical Movement: Chatrie v. United States

    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 privacy regarding their physical movements. Justice Kagan's majority opinion argues that this digital tracking provides an intimate window into a person’s life, comparable to the cell-site data protected in the earlier Carpenter ruling. While the Court established that such data collection requires constitutional oversight, it remanded the case to determine if the specific multi-step warrant used to identify Chatrie for a bank robbery was sufficiently particular and supported by probable cause. Separate opinions reflect deep judicial divisions, with some justices advocating for a property-based approach to digital effects, while dissenters criticized the ruling as an advisory opinion regarding an obsolete technology.

    26 min

  3. 1d ago

    Disparity from Nonretroactive Sentencing Changes in Compassionate Release Eligibility

    ·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 apply to prisoners sentenced before its enactment. Writing for the majority, Justice Barrett held that a sentencing disparity caused by a change in law is not "extraordinary" because prospective-only amendments are a standard feature of the legal system. The Court further ruled that the Sentencing Commission overstepped its authority by issuing a policy statement that allowed judges to consider these disparities as grounds for release. Justice Sotomayor’s dissent argued that the ruling undermines the Commission’s role and ignores the traditional discretion judges hold to evaluate a defendant's total circumstances. Ultimately, the decision ensures that legislative finality takes precedence over judicial efforts to harmonize past sentences with current standards.

    54 min

  4. 4d ago

    Fernandez v. United States: Limits on Compassionate Release Claims

    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 age, rather than legal or factual errors from their trial. Writing for the majority, Justice Barrett explained that prisoners disputing their guilt or the lawfulness of their conviction must use the specific habeas corpus framework provided by 28 U. S. C. § 2255. The Court reasoned that allowing compassionate release to serve as a substitute for postconviction appeals would permit inmates to bypass strict procedural rules and timelines established by Congress. Justice Sotomayor concurred in the judgment, arguing that relief was improper only because no new facts had emerged since sentencing. In a dissenting opinion, Justice Jackson argued that the majority’s ruling creates an atextual restriction on judicial discretion that could prevent truly innocent people from receiving mercy.

    45 min

  5. 5d ago

    Abouammo v. United States: Venue for Document Falsification

    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 San Francisco, the actual act of creating the fraudulent invoice took place at the defendant's home in Seattle. Writing for a unanimous Court, Justice Kagan clarified that the Sixth Amendment and Article III require trials to be held where the essential conduct of the crime occurred. The Court concluded that because the statute only proscribes the act of falsification, venue is restricted to the location of that act regardless of where the intended effects of the obstruction were felt. Consequently, the Court reversed the appellate ruling, maintaining that the government cannot prosecute a defendant in a remote district simply because a mens rea element connects the crime to that location.

    40 min

  6. 5d ago

    United States v. Hemani: Second Amendment and Substance Use

    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 Gorsuch’s majority opinion clarifies that the government failed to provide a historical analogue for such a broad ban, noting that ancestral "habitual drunkard" laws only targeted those who were mentally incapacitated or dangerous. While the decision is narrow and does not invalidate other firearm restrictions, it emphasizes that marijuana users cannot be categorically stripped of self-defense rights without individualized proof of risk. Separate concurrences by Justices Thomas, Jackson, and Alito further explore the limits of the Commerce Clause, the difficulties of the Court's history-based legal framework, and the widespread social acceptance of modern cannabis use.

    31 min

  7. 6d ago

    Landor v. Louisiana Department of Corrections

    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. Since the individual officers were not parties to the funding agreement between the federal government and the state, they never voluntarily consented to personal liability. The Court rejected arguments that the Necessary and Proper Clause allowed for such lawsuits, maintaining that Congress cannot bypass the requirement of consent to regulate private conduct directly. In a sharp dissent, Justice Jackson argued that the ruling turns federal law into a mere invitation and leaves victims of religious freedom violations without a meaningful remedy. Overall, the case reinforces a contract-based framework for spending legislation that shields non-contracting state employees from personal financial consequences.

    53 min

  8. Jun 23

    United States v. Ma: Enforcement of Oral Mediation Agreements

    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 an oral agreement during mediation regarding payment amounts and timelines, the defendants later challenged the settlement’s validity, claiming it lacked finality and specific legal authority. The court ruled that the material terms established during mediation created a binding contract, even without a signed written document. Furthermore, the court found that the defendants forfeited several arguments on appeal by failing to raise them in a timely manner during the initial proceedings. Ultimately, the appellate court concluded that the district court did not abuse its discretion by requiring the parties to honor the essential terms of their mediated deal.

    49 min
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About

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.

Information

  • Creator
    Daniel W. Swear
  • Years Active
    2024 - 2026
  • Episodes
    184
  • Rating
    Clean
  • Copyright
    © Daniel W. Swear
  • Show Website
    Swear on the Stand

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