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Swear on the Stand
Daniel W. Swear
61 episodes
1 week ago
Tune in to learn about topics related to law, government, leadership, conflict resolution, and organizational management.
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Education
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All content for Swear on the Stand is the property of Daniel W. Swear and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Tune in to learn about topics related to law, government, leadership, conflict resolution, and organizational management.
Show more...
Education
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State v. Wilson: Terry Stops and Sentencing Guidelines
Swear on the Stand
59 minutes 42 seconds
1 month ago
State v. Wilson: Terry Stops and Sentencing Guidelines

This episode presents an appeal in the case of United States v. Damion Wilson, decided by the United States Court of Appeals for the Fifth Circuit. The primary issue addressed is whether carrying a firearm alone provides sufficient grounds for a Terry stop, a question the court answers definitively in the negative, rooted in the Fourth Amendment's history against general warrants and writs of assistance. However, the court ultimately affirms Wilson's conviction and sentence, finding that other specific factors, such as his association with a federal fugitive and prior criminal history, provided reasonable suspicion for the stop. A concurring and dissenting opinion highlights a disagreement with the majority's extensive discussion on the Terry stop and contests the application of an obstruction-of-justice sentencing guideline based on the indictment's language.

Swear on the Stand
Tune in to learn about topics related to law, government, leadership, conflict resolution, and organizational management.