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Texas Appellate Law Podcast

Todd Smith & Jody Sanders

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Texas Appellate Law Podcast

Texas Appellate Law Podcast

Todd Smith & Jody Sanders

0
Followers
0
Plays
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About Us

The Texas Appellate Law Podcast covers topics of interest to lawyers handling civil appellate matters in Texas courts. The podcast demystifies appellate law and pulls back the curtain on the Texas appellate system through conversations with judges, court staff, and top trial and appellate practitioners. Listeners discover best practices and tips for successfully presenting their cases, managing their dockets, and promoting efficiency through legal technology.

Latest Episodes

Helping Courts Interpret Statutes | Daniel Olds

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 Olds, an appellate and litigation attorney at Bickerstaff Heath Delgado Acosta, LLP, has learned the ins and outs of statutory interpretation working in Congress, for Texas state agencies, and as a briefing attorney at the Eastland Court of Appeals. In this episode, Daniel joins Todd Smith and Jody Sanders to share insights from his varied background and research, discussing tools and nuances that will add value to any practitioner’s statutory analysis.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

48 min1 w ago
Comments
Helping Courts Interpret Statutes | Daniel Olds

A Peek Into Life on the Fifth Circuit Bench | Judge Gregg Costa

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 case to becoming a federal district and appellate judge—providing an insider's view of Fifth Circuit life and how the Court processes its cases.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

55 min2 w ago
Comments
A Peek Into Life on the Fifth Circuit Bench | Judge Gregg Costa

Clerking at the Texas Court of Criminal Appeals and the Texas Supreme Court | Marshall Bowen

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 an insider’s perspective on the clerkship process at both courts and offers insights from a combined experience few attorneys have achieved. Marshall also offers advice for law students who are thinking about clerking but might not know how to start, where to look, or what to expect. Join us for an episode that takes a deeper look at clerkship and Texas’s two high courts from a unique perspective.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookInstagramYouTube

43 min3 w ago
Comments
Clerking at the Texas Court of Criminal Appeals and the Texas Supreme Court | Marshall Bowen

Trailblazing in the Rio Grande Valley | Justice Gina Benavides

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 Smith and Jody Sanders to discuss her career as a litigator, her transition to the court of appeals, and how the court has operated—including its history of virtual operations predating the COVID-19 pandemic. Justice Benavides also shares her candid views on the Texas judicial-selection system, the need for diversity and inclusion in appellate practice and the judiciary, and the challenges courts have faced (and will face) during the pandemic.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLi...

54 minSEP 24
Comments
Trailblazing in the Rio Grande Valley | Justice Gina Benavides

Appeals, Jury Trials, and the Texas Constitution | Bill Chriss

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 becoming an appellate lawyer, with a stop along the way at the Texas Center for Legal Ethics. The conversation covers things attorneys should know about the Texas Constitution, its political history, ways attorneys can raise constitutional issues, changes Bill foresees in the near future, and shifting political winds in our great state.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

51 minSEP 17
Comments
Appeals, Jury Trials, and the Texas Constitution | Bill Chriss

Ruminations on a Career in Appellate Judging | Justice Paul Green

Paul Green served as an appellate justice for more than 25 years, both at the San Antonio Court of Appeals and the Texas Supreme Court. On the eve of his retirement, Justice Paul Green joined Todd Smith and Jody Sanders to reflect on his past as a litigator in his family’s law practice, his time on the bench, and his future plans after leaving the Supreme Court. Justice Green offers a candid assessment of his career, the judiciary, and the future of judges in Texas. Learn about Justice Green’s many roles both on and off the bench, and his thoughts about advocacy, judging, and the judicial system as a whole.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

40 minSEP 10
Comments
Ruminations on a Career in Appellate Judging | Justice Paul Green

The TCPA’s Impact on Civil Appellate Practice | Amanda Taylor

In 2011, Texas adopted the Texas Citizens Participation Act, one of the broadest anti-SLAPP statutes in the nation. Since then, TCPA motions to dismiss and the resulting interlocutory appeals have proliferated, and both trial and appellate courts have struggled to reconcile the statute’s far-reaching language with just and fair results.Joining Todd Smith and Jody Sanders to talk about the TCPA is Amanda Taylor, a civil appellate specialist at Butler Snow and an expert on the subject. Amanda discusses the TCPA’s initial impact on the civil justice system, recent statutory amendments, and strategies for advising clients on TCPA motions and appeals. Listen in to learn about trends in this area and what they mean for present and future appellate law practice.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

48 minSEP 3
Comments
The TCPA’s Impact on Civil Appellate Practice | Amanda Taylor

Rethinking Your Role in the Legal Industry | Mike Whelan

Practicing law means staying on top of the latest trends and developments to keep yourself educated and provide the best possible service to your clients. Mike Whelan Jr., the CEO of Lawyer Forward, joins Todd Smith and Jody Sanders to talk about how lawyers can thrive in a changing legal environment and institute changes in their practices that benefit the lawyers, their clients, and the legal industry as a whole. Mike offers tips to rethink the structures and roles of modern legal practices for both solo and big firm attorneys. Mike’s background in both logistics and legal practice provides him with unique insights for attorneys to maximize their strengths and build upon potential weaknesses to create new legal practice structures and relationships. As innovation becomes a necessary survival skill in the ever-changing legal market, lawyers who fail to adapt risk falling behind. This episode can help you identify ways to break through your constraints as an entrepreneur and how to...

44 minAUG 27
Comments
Rethinking Your Role in the Legal Industry | Mike Whelan

Working with Trial Counsel: The Dynamic Between Trial Lawyers and Appellate Lawyers

So often, trial lawyers are expected to do it all when trying a case—prepping and examining witnesses, arguing motions, making objections, and preserving the record. This translates to early mornings, late nights, and opportunities for things to get overlooked. Having another set of eyes (and a different skill set) can not only lighten trial counsel’s load, but ensure a better outcome for the client. This is where appellate counsel can really add value. In their 25th episode, Todd Smith and Jody Sanders discuss ways that having appellate counsel involved at different stages of the litigation process can streamline the proceedings, create opportunities to determine legal issues early, and provide a more focused strategy to survive the trial and appellate process. Together, they share their own experiences in working with a trial counsel, what it is like for them individually, and how appellate lawyers bring value to trial teams. Todd and Jody also dive deep into the trial lawyer-ap...

61 minAUG 20
Comments
Working with Trial Counsel: The Dynamic Between Trial Lawyers and Appellate Lawyers

Understanding the Texas Standards for Appellate Conduct | Kevin Dubose

Texas has adopted standards for appellate conduct that go beyond the disciplinary rules governing all licensed attorneys. Making his second appearance on the show is the resident expert on this topic,Kevin DuboseofAlexander Dubose & Jefferson LLP. With his insider knowledge and insights, Kevin explains the impetus behind the aptly-named Standards for Appellate Conduct, how they differ from the ordinary disciplinary rules, and how they reflect and reinforce the Texas appellate bar’s culture.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

33 minAUG 11
Comments
Understanding the Texas Standards for Appellate Conduct | Kevin Dubose

Latest Episodes

Helping Courts Interpret Statutes | Daniel Olds

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 Olds, an appellate and litigation attorney at Bickerstaff Heath Delgado Acosta, LLP, has learned the ins and outs of statutory interpretation working in Congress, for Texas state agencies, and as a briefing attorney at the Eastland Court of Appeals. In this episode, Daniel joins Todd Smith and Jody Sanders to share insights from his varied background and research, discussing tools and nuances that will add value to any practitioner’s statutory analysis.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

48 min1 w ago
Comments
Helping Courts Interpret Statutes | Daniel Olds

A Peek Into Life on the Fifth Circuit Bench | Judge Gregg Costa

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 case to becoming a federal district and appellate judge—providing an insider's view of Fifth Circuit life and how the Court processes its cases.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

55 min2 w ago
Comments
A Peek Into Life on the Fifth Circuit Bench | Judge Gregg Costa

Clerking at the Texas Court of Criminal Appeals and the Texas Supreme Court | Marshall Bowen

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 an insider’s perspective on the clerkship process at both courts and offers insights from a combined experience few attorneys have achieved. Marshall also offers advice for law students who are thinking about clerking but might not know how to start, where to look, or what to expect. Join us for an episode that takes a deeper look at clerkship and Texas’s two high courts from a unique perspective.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookInstagramYouTube

43 min3 w ago
Comments
Clerking at the Texas Court of Criminal Appeals and the Texas Supreme Court | Marshall Bowen

Trailblazing in the Rio Grande Valley | Justice Gina Benavides

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 Smith and Jody Sanders to discuss her career as a litigator, her transition to the court of appeals, and how the court has operated—including its history of virtual operations predating the COVID-19 pandemic. Justice Benavides also shares her candid views on the Texas judicial-selection system, the need for diversity and inclusion in appellate practice and the judiciary, and the challenges courts have faced (and will face) during the pandemic.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLi...

54 minSEP 24
Comments
Trailblazing in the Rio Grande Valley | Justice Gina Benavides

Appeals, Jury Trials, and the Texas Constitution | Bill Chriss

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 becoming an appellate lawyer, with a stop along the way at the Texas Center for Legal Ethics. The conversation covers things attorneys should know about the Texas Constitution, its political history, ways attorneys can raise constitutional issues, changes Bill foresees in the near future, and shifting political winds in our great state.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

51 minSEP 17
Comments
Appeals, Jury Trials, and the Texas Constitution | Bill Chriss

Ruminations on a Career in Appellate Judging | Justice Paul Green

Paul Green served as an appellate justice for more than 25 years, both at the San Antonio Court of Appeals and the Texas Supreme Court. On the eve of his retirement, Justice Paul Green joined Todd Smith and Jody Sanders to reflect on his past as a litigator in his family’s law practice, his time on the bench, and his future plans after leaving the Supreme Court. Justice Green offers a candid assessment of his career, the judiciary, and the future of judges in Texas. Learn about Justice Green’s many roles both on and off the bench, and his thoughts about advocacy, judging, and the judicial system as a whole.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

40 minSEP 10
Comments
Ruminations on a Career in Appellate Judging | Justice Paul Green

The TCPA’s Impact on Civil Appellate Practice | Amanda Taylor

In 2011, Texas adopted the Texas Citizens Participation Act, one of the broadest anti-SLAPP statutes in the nation. Since then, TCPA motions to dismiss and the resulting interlocutory appeals have proliferated, and both trial and appellate courts have struggled to reconcile the statute’s far-reaching language with just and fair results.Joining Todd Smith and Jody Sanders to talk about the TCPA is Amanda Taylor, a civil appellate specialist at Butler Snow and an expert on the subject. Amanda discusses the TCPA’s initial impact on the civil justice system, recent statutory amendments, and strategies for advising clients on TCPA motions and appeals. Listen in to learn about trends in this area and what they mean for present and future appellate law practice.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

48 minSEP 3
Comments
The TCPA’s Impact on Civil Appellate Practice | Amanda Taylor

Rethinking Your Role in the Legal Industry | Mike Whelan

Practicing law means staying on top of the latest trends and developments to keep yourself educated and provide the best possible service to your clients. Mike Whelan Jr., the CEO of Lawyer Forward, joins Todd Smith and Jody Sanders to talk about how lawyers can thrive in a changing legal environment and institute changes in their practices that benefit the lawyers, their clients, and the legal industry as a whole. Mike offers tips to rethink the structures and roles of modern legal practices for both solo and big firm attorneys. Mike’s background in both logistics and legal practice provides him with unique insights for attorneys to maximize their strengths and build upon potential weaknesses to create new legal practice structures and relationships. As innovation becomes a necessary survival skill in the ever-changing legal market, lawyers who fail to adapt risk falling behind. This episode can help you identify ways to break through your constraints as an entrepreneur and how to...

44 minAUG 27
Comments
Rethinking Your Role in the Legal Industry | Mike Whelan

Working with Trial Counsel: The Dynamic Between Trial Lawyers and Appellate Lawyers

So often, trial lawyers are expected to do it all when trying a case—prepping and examining witnesses, arguing motions, making objections, and preserving the record. This translates to early mornings, late nights, and opportunities for things to get overlooked. Having another set of eyes (and a different skill set) can not only lighten trial counsel’s load, but ensure a better outcome for the client. This is where appellate counsel can really add value. In their 25th episode, Todd Smith and Jody Sanders discuss ways that having appellate counsel involved at different stages of the litigation process can streamline the proceedings, create opportunities to determine legal issues early, and provide a more focused strategy to survive the trial and appellate process. Together, they share their own experiences in working with a trial counsel, what it is like for them individually, and how appellate lawyers bring value to trial teams. Todd and Jody also dive deep into the trial lawyer-ap...

61 minAUG 20
Comments
Working with Trial Counsel: The Dynamic Between Trial Lawyers and Appellate Lawyers

Understanding the Texas Standards for Appellate Conduct | Kevin Dubose

Texas has adopted standards for appellate conduct that go beyond the disciplinary rules governing all licensed attorneys. Making his second appearance on the show is the resident expert on this topic,Kevin DuboseofAlexander Dubose & Jefferson LLP. With his insider knowledge and insights, Kevin explains the impetus behind the aptly-named Standards for Appellate Conduct, how they differ from the ordinary disciplinary rules, and how they reflect and reinforce the Texas appellate bar’s culture.Love the show?Subscribe, rate, review, and share!Here’s How »Join theTexas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

33 minAUG 11
Comments
Understanding the Texas Standards for Appellate Conduct | Kevin Dubose
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