Texas Appellate Law Podcast

Texas's Office of the State Prosecuting Attorney (SPA) may be one of the most important state agencies you didn't know. The SPA is an independent agency that represents the State of Texas before the state's highest criminal court, the Court of Criminal Appeals. While the Texas Solicitor General appears in both state and federal courts, the SPA focuses on monitoring cases of interest throughout the...

Trial lawyers and appellate lawyers have different skill sets that compliment each other's practices. But some trial lawyers feel equally at home in both the trial and appellate courts. In this episode, Todd Smith and Jody Sanders talk to their first trial attorney guest, Carlos Soltero , about his experiences in both courts. Carlos offers his perspective as a trial lawyer on appellate practice, r...

Season 1 of the Texas Appellate Law Podcast wrapped up with our 50th episode, featuring M.C. Sungaila. We've continued to interview outstanding guests while on hiatus, and we're happy to share that we'll be resuming regular weekly episodes again soon. We're looking forward to trying new things and (hopefully) recording some episodes live and in-person during our second season! Love the show? &nbsp...

It's difficult for new lawyers to transition into legal practice, but appellate practice is especially tough. This sometimes deters firms from investing the time and resources necessary to train new appellate attorneys, particularly when they are between law school and future clerkships. But,  M.C. Sungaila , head of the appellate practice group at  Buchalter , has developed a pilot fell...

While they share the Red River as a border, Texas and Oklahoma have lots of differences in their court systems—different court structures, different judicial selection processes, and different federal circuits. But they share one important similarity—they each have a podcast devoted to appellate practice. In a crossover episode between the Texas Appellate Law Podcast and the Oklahoma Appeals podca...

For over a decade, the Texas Supreme Court has tightened the proof necessary to recover attorney fees in Texas. That, coupled with Legislative expansion of fee shifting, makes understanding the standard even more important. This is particularly true about appellate fees, which, unlike federal court, must be estimated and proven before the appeal. This week, Todd Smith and Jody Sanders discuss the...

Every other year, the Texas Legislature meets to take on the State’s challenges. Few people follow that process more closely that Jerry Bullard of Adams, Lynch, and Loftin. Jerry’s years of experience and newsletter keep legal practitioners throughout the state on top of bills and laws that affect the way they practice. In his spare time, Jerry also chairs the State Bar Appellate Section. Thi...

While some counties have many district courts, some district courts have many counties. Few judges have a larger territory to cover than  Judge Roy Ferguson  of the  394th District Court . Given the size of his district, with few local attorneys, Judge Ferguson served as one of the early adopters of remote proceedings when COVID-19 hit. In this conversation with hosts Todd Smith and...

Growing up in meager circumstances,  Judge Don Willett  never imagined he would serve as the Tweeter Laureate of Texas or, more notably, as a justice on the Texas Supreme Court and now on the Fifth Circuit Court of Appeals. Judge Willett credits his rise to the work ethic and sacrifices of his mother—a widow who worked long hours as a waitress to support him. Judge Willett applied that w...

Although private civil appellate practice can be its own niche, there are many ways to do it—solo or in a boutique, mid-sized firm, or large firm. While the basics remain the same, the individual experience may vary greatly depending on the practice setting. Todd Smith and Jody Sanders sit down with  Reagan Simpson  of Yetter Coleman LLP to compare and contrast e...

Legal writing and literary writing share a common goal—telling stories in a way that engages the reader. But too often, legal briefs get bogged down in detail and technical language. This causes the brief to lose both the story and the reader. In this episode, Todd Smith and Jody Sanders talk with appellate attorney  Jason Steed about how his experiences in creative writing and as an Eng...

For years, appellate attorneys and judges have stayed on top of the latest appellate news with the  How Appealing  blog.  Howard Bashman , the attorney behind the blog, joins Todd Smith and Jody Sanders to share his journey into appellate law and starting his blog. Howard’s career has seen the full spectrum, starting as a clerk for Judge William Hutchinson of the Third Circuit, work...

When representing clients, attorneys often think of constitutional rights only in terms of the federal constitution. But this narrow focus leaves out the 50 state constitutions, which can offer different and more protective rights than their federal counterpart. From his experience as Ohio Solicitor General through his time on the 6th Circuit, Judge Jeffrey Sutton has seen the impact that state co...

Mental health is an important topic that often goes unaddressed in the legal profession. Yet, one study revealed that nearly half the lawyers surveyed had struggled at some point with depression. Now more than ever, in this time of the pandemic, we need to bring awareness to mental-health issues and promote lawyer well-being. In this episode, Todd Smith and Jody Sanders are joined by the Director...

Technology has changed the practice of law in recent years, but the COVID-19 pandemic completely upended it. Remote court proceedings became the norm overnight. For many attorneys, this change required rethinking the way we practice. Few people have spent as much time examining and critiquing these new proceedings as  SMU  Law  Professor Elizabeth Thornburg  and her research te...

Judge Dustin Howell of Travis County’s 200th District Court took a different path to the trial bench than most. Starting as a Spanish major, he entered the corporate world before going to law school. After law school, he took an appellate path, with a Texas Supreme Court clerkship, private practice, and time at the Texas Solicitor General’s office before ascending to the trial bench. Judge Howell...

Attorneys—in particular appellate attorneys—spend much of their time thinking about and engaging in legal writing. And, as jury trials and hearings become less frequent, legal writing takes on an increasingly outsized role in deciding legal disputes. So often, though, those attorneys had to learn many of their legal writing skills on the job. But, legal writing education has changed and continues...

In most appellate cases, the record and the arguments drive the decisions. But at the US Supreme Court and state supreme courts, amicus support often highlights other important considerations and potential impacts beyond the parties to the dispute. In this episode,  Carl Cecere , owner of Cecere PC, joins Todd Smith and Jody Sanders to talk about his development of an amicus and US Supreme Co...

Supersedeas bonds are a familiar concept among lawyers who try cases, but the nuts and bolts of obtaining a bond are often a mystery. In this episode,  Court Surety Bond Agency ’s  Daniel Huckabay joins Todd Smith and Jody Sanders to explain how judgment debtors may apply for a bond, the basic premium structure, and the types of collateral sureties consider in the underwriting process. D...

Before his recent appointment to the Fifth Court of Appeals in Dallas,  Justice John Browning  had a long career as an appellate practitioner and had earned a reputation as a prolific author and speaker on topics relating to social media, technology, and Texas legal history. In this episode, Justice Browning joins Todd Smith and Jody Sanders to discuss his practice background, his transi...

Courts often grapple with what the Legislature intended when it used particular words in a statute. Because the Legislature only speaks through its enactments, answering that question requires resort to a number of tools and methods. Attorneys can give their clients the best advice and a distinct advantage in litigation by understanding and mastering statutory interpretation tools. Daniel Old...

Appeals before the United States Court of Appeals for the Fifth Circuit can be challenging for lawyers who most often handle matters before state appellate courts. On today's podcast, Todd Smith and Jody Sanders are joined by their first Fifth Circuit guest,  Judge Gregg Costa . Judge Costa shares his career journey—from teaching fourth grade in rural Mississippi to trying the Allen Stanford...

Law school is tough—just a few short years to decide the trajectory of your legal career. For Marshall Bowen, testing the legal waters through state court clerkships was the way to go. In this episode, Marshall joins Todd Smith and Jody Sanders to discuss his experiences clerking at Texas’s two highest state courts—the Texas Supreme Court and the Texas Court of Criminal Appeals. Marshall provides...

The Thirteenth Court of Appeals covers a vast area stretching from near Houston to the US/Mexico border. It even has chambers and hears cases in two locations—Corpus Christi and Edinburg. Thirteenth Court Justice Gina Benavides knows the territory well because she worked throughout it as a successful trial attorney for nearly 20 years before taking the appellate bench. Justice Benavides joins Todd...

Bill Chriss is truly a Renaissance man. A lifelong learner with degrees that include a Ph. D, Bill’s interests range across history, politics, law, and ethics. Bill’s recent research interest focuses on the Texas Constitution, both its origin and evolution. Bill sits down with Todd Smith and Jody Sanders and traces his career journey—from working as a trial lawyer handling his own appeals to becom...