Short Circuit 431 | Hard but not Impossible

Short Circuit 431 | Hard but not Impossible

From Short Circuit by Institute for Justice

June 5, 2026 · 52 min

About this episode

Brian Morris returns to discuss a Fourth Circuit decision on wrongful convictions and the implications of hearsay in civil rights lawsuits.

We welcome back a treasured many-times guest, the first time since he’s left IJ. Brian Morris served in our merry band of libertarian litigators for many years before recently moving to Chicago. He rejoins us to detail a recent Fourth Circuit decision that his now-colleagues litigated about making right a pair of wrongful convictions where two brothers spent almost 20 years behind bars. The case involves hearsay and how the testimony of a long-dead witness can be used in a later civil rights lawsuit. But before all that Brian does what he’s done on Short Circuit many times before: Pick the winners at the racetrack. And that’s not all the drama for one show. IJ’s Anya Bidwell tells us the latest bad news about suing federal officials, where someone who claimed the IRS unconstitutionally audited them was left out in the cold by the D.C. Circuit. Boris Pasternak readers may feel a connection. McPherson v. Patton Ray v. Priver Link for Chicago FTCA conference

People in this episode

Guest: Brian Morris

Topics covered

  • wrongful convictions
  • civil rights lawsuit
  • Fourth Circuit decision
  • IRS audit
  • litigation
  • libertarianism

Keywords

  • wrongful convictions
  • Fourth Circuit
  • hearsay
  • civil rights
  • IRS audit
  • litigation
  • libertarian

Mentioned in this episode

Organizations: Institute for Justice, IRS

Books & works: McPherson v. Patton Ray v. Priver

Places: Chicago, D.C. Circuit

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