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Texas Appellate Law Podcast

Todd Smith & Jody Sanders

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Welcome to the Texas Appellate Law Podcast—your backstage pass to the Texas and federal appellate systems. Join your hosts, Texas appellate lawyers Todd Smith and Jody Sanders, as they explore the nuances of appellate advocacy with judges, court staff, leading trial and appellate practitioners, academics, and legal innovators. Whether you're immersed in an appeal or building your trial strategy, each episode delivers practical insights to help you enhance your advocacy skills, strengthen you ...
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Building a law practice from scratch requires finding your tribe and embracing the paradigm of giving, says KC Ashmore of Ashmore & Ashmore Law Firm in Rockwall, Texas. The Coast Guard veteran transformed his military service ethic into legal practice success through veteran outreach, Habitat for Humanity builds, and active participation in bar ass…
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The basic concept – that appellate lawyers face an existential crisis – came to Kevin Dubose in a dream. In this thought-provoking episode, hosts Todd Smith and Jody Sanders welcome Kevin back to the show to explore this concept and potential solutions to the unique challenges appellate lawyers face. Kevin shares insights from his recent paper, inc…
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The world of public defense is traditionally challenged by limited resources. Appellate practice carries weighty time demands. Now comes AI—a disrupting force that can solve those problems and bridge the justice gap, says Joe Stephens. His insights come from several roles, including as chief public defender for the Caprock Regional Public Defender …
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The marketplace may know Counsel Press as printers, but “we’re a lot more than that,” says Vincent Wiscovitch, senior appellate counsel. “We like to refer to ourselves as ‘appellate support providers,’ because anybody can be a printer. You could go to Staples and get a brief printed.” Counsel Press goes far beyond Staples, as Vincent and colleague …
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"If everyone can take out the fancy words from their language, we would all do better—law students and seasoned professionals alike." That observation comes from Christina Crozier, clinical assistant professor at the University of Houston Law Center and of counsel at Haynes Boone. In this conversation with hosts Todd Smith and Jody Sanders, Christi…
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“We live in crazy times" is a phrase we hear a lot these days, Dr. Bill Chriss observes in this milestone 150th episode with hosts Todd Smith and Jody Sanders. But not the craziest America has ever seen. Drawing from his Law Day presentation, Bill examines how the nation’s founding fathers—particularly Madison and Washington—foresaw the dangers of …
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“There's never any point at which I would have to say, ‘Well, I'm only going to do trial work now’ or ‘I'm only going to do appellate work,’” Dylan Russell says. He can straddle that line because, as he explains to hosts Todd Smith and Jody Sanders, “I just like the law so much that I think about it all the time.” In this conversation, Dylan discus…
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"I give trial lawyers a menu of options," Andrew Gould explains to hosts Todd Smith and Jody Sanders about his strategic approach as head of appellate at plaintiffs' firm Arnold & Itkin. After building their appellate practice from scratch following his years as a federal prosecutor, Andrew shares battle-tested techniques for navigating the trial l…
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Milo Bobbitt built an appellate practice from scratch at his firm. After an internship with then-Justice Willett at the Texas Supreme Court, he successfully defended a significant oil and gas contract victory on appeal, complete with a quote from the movie “Armageddon” in the opinion. "I was writing a new brief about every month for eight months st…
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In this milestone episode, hosts Todd Smith and Jody Sanders celebrate the fifth anniversary of the Texas Appellate Law podcast. Reflecting on 145 episodes of conversations with judges, practitioners, and legal innovators, they discuss how the podcast has evolved alongside major shifts in legal practice—from the pandemic's acceleration of virtual p…
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Hosts Todd Smith and Jody Sanders welcome Adam Shniderman of Alexander Dubose & Jefferson to discuss his unique journey through academia, clerkships, and private practice. Adam shares how his academic background in criminology and forensic evidence provided a solid foundation for his legal career. He compares clerking at the Texas Supreme Court and…
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For Chris Dove, it started when he came upon articles in Above the Law about the saga of then-95-year-old federal Judge Pauline Newman. A giant in IP law, Judge Newman faced allegations of poor health and declining cognitive abilities in 2023. Those allegations led to a council’s recommendation that the judge be suspended and a flurry of litigation…
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Chief Justice Nathan Hecht is retiring after an extraordinary 43 years on the bench. In this special episode, he joins Todd Smith and Jody Sanders to reflect on his remarkable career as Texas's longest-serving Chief Justice. He shares personal stories, pivotal milestones, and the transformative reforms he championed, from modernizing court technolo…
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The highly publicized Robert Roberson case has raised critical questions about the death penalty and separation of powers. In this episode, Todd Smith and Jody Sanders sit down with criminal defense attorney Doug Gladden to tackle this difficult topic. Known for his insightful legal commentary, Doug shares his career journey from serving as a prose…
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Access to justice remains a pervasive problem in the Texas legal system. In this episode, Todd Smith and Jody Sanders welcome Texas Supreme Court Justice Brett Busby and Kennon Wooten from Austin's Scott Douglass & McConnico to discuss the latest developments on this front. The conversation focuses on new Supreme Court rules for licensing paraprofe…
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In this episode, Jody Sanders and Todd Smith chat with Colin Levy, Director of Legal and Evangelist at Malbek, about his journey from being a traditional in-house lawyer to a leading voice in legal technology. Colin shares his insights on the evolving landscape of the legal industry, emphasizing the importance of bridging the gap between technology…
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Jury charge practice in Texas trials just got a shakeup thanks to the recent Horton v. Kansas City Railway Co. decision. In today’s episode, Todd Smith and Jody Sanders delve into the Texas Supreme Court’s recent pivot on Casteel error in jury charges. They analyze the implications for appellate practice, sparked by the Court’s revised stance in th…
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The legal world is undergoing a seismic shift. Technological advancements and a changing social landscape force the legal profession to adapt, but are law schools keeping pace? In this episode, Jody Sanders and Todd Smith visit with Dean Robert B. Ahdieh of Texas A&M Law School about the state of modern legal education and more. Dean Ahdieh shares …
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The Texas legal landscape will change significantly on September 1, 2024, with the launch of the Business Court and the 15th Court of Appeals. While the start date is set, many details are still uncertain. In this episode, Tyler Talbert, a board-certified civil appellate lawyer from Waco, joins hosts Todd Smith and Jody Sanders to delve into these …
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Judges represent not only their judicial office, but also the legitimacy of the judicial branch as a whole. For many Americans, their only interaction with the legal system may come from a single trip to the courthouse. This makes it imperative for judges to leave participants in the system feeling that they have been treated fairly and respectfull…
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Preparation is the key to winning at trial, and focus groups are a powerful tool for ensuring that a case is trial-ready. In this episode of the Texas Appellate Law Podcast, hosts Todd Smith and Jody Sanders visit with Austin-based trial lawyer and consultant Elizabeth Larrick of the Larrick Law Firm. Elizabeth shares her passion for helping lawyer…
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Lawyers are professional writers, and the ability to write persuasively is more important than ever. In this episode, Luther Munford, an appellate expert and former law professor, joins Todd Smith and Jody Sanders for an insightful discussion on the principles of persuasive legal writing. Luther emphasizes the importance of ethos, logos, and pathos…
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As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this episode Todd Smith and Jody Sanders discuss ways parties can address legal issues before, during, and after trial that can s…
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Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under the Federal Tort Claims Act. Tom highlights the groundbreaking Sutherland Springs mass-shooting case, in which his firm secu…
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Judicial clerkships can provide unparalleled access and prestige to young lawyers just entering practice. But because the judiciary requires confidentiality and secrecy to operate properly, often law students don’t know what to expect. The Legal Accountability Project is working to change that by making the system more transparent for law schools a…
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In this episode, seasoned appellate practitioner Scott Stolley sits down with Todd Smith and Jody Sanders to confront the issue of bullying in the legal profession. Scott explores the multifaceted nature of bullying, from interactions with opposing counsel and judges to the challenges of managing clients and relationships with lawyers in the same f…
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Artificial intelligence is a technological evolution that’s reshaping the future of law. But its rapid ascent contains both benefits and potential pitfalls for the unwary. In this episode, former Vinson & Elkins executive Tim Armstrong visits with Todd Smith and Jody Sanders about the evolving landscape of AI and its potential impact on the legal p…
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In this special year-end episode of the Texas Appellate Law Podcast, hosts Jody Sanders and Todd Smith reflect on the year, express gratitude to their audience and sponsors, and revisit past episodes relevant to coping with the holidays. They also touch on recent developments in Texas appellate law, including new rules from the Texas Supreme Court.…
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Finding a career in the law and finding something you’re passionate about don’t always intersect. But McKenzie Edwards, a trial lawyer with Cleveland | Krist PLLC in Austin, has managed to do both. Starting in law school, she saw the inconsistent and nebulous rules concerning how and when a state seeks the death penalty. This inspired her to repres…
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Mental health struggles and addiction are more common than we realize, especially among attorneys. In this episode, Brian Cuban, author of The Addicted Lawyer: Tales of the Bar, Booze, Blow, and Redemption, delves into addiction and the recovery journey for lawyers. As an advocate for mental health awareness and recovery, Brian shares his personal …
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Artificial intelligence is rapidly evolving and is beginning to impact almost every aspect of our lives. The legal industry is no exception, and numerous ethical issues have emerged as a result. In this episode, Todd Smith and Jody Sanders explore the ups and downs of lawyers using generative AI with Derek Bauman of Feldman and Feldman in Houston. …
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Few Texas judges have seen the courtroom from as many perspectives as Third Court of Appeals Justice Gisela Triana. From a practitioner, to a municipal judge, to a trial court judge on various benches, Justice Triana has served the State in a variety of roles. She joins Todd Smith and Jody Sanders in this episode to discuss the insights she has gai…
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In a world of electronic filing, fewer attorneys see appellate court clerks in person. It’s easy to forget how critical their role is to keeping the courts open, efficient, and accessible. In this episode, Michael Cruz, clerk of the Fourth Court of Appeals in San Antonio, joins Todd Smith and Jody Sanders to talk about how he and his staff make tha…
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Legislative session years in Texas always bring uncertainty into legal practice. When the Legislature passes new laws impacting courts, the Texas Supreme Court has to make rules to give those laws effect. This week Todd Smith and Jody Sanders discuss several recent rule changes and additions from the Texas Supreme Court that will impact trial and a…
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Join us as we unpack the highlights of the 88th Texas Legislature. In this episode, Jerry Bullard discusses the ins and outs of business courts and their potential impact, plus other intriguing legal developments. He takes us on a legislative rollercoaster, touching on topics like online ticket sales, unauthorized disclosure of judicial opinions, a…
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This episode of the Texas Appellate Law Podcast is a deep dive into the subtle art of setting boundaries in the legal profession. Join Todd Smith and Jody Sanders as they visit with mindset mastery coach and experienced lawyer Kiele Linroth Pace, who sheds light on how boundary-setting can be the key to a flourishing career. Kiele reveals her insig…
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Texas is one of the few states that offers a certified specialty in civil appellate law. In this episode, Kelley Morris, a partner at Wright Close and Barger in Houston, joins Jody Sanders and Todd Smith to talk about her experience going through the Texas Board of Legal Specialization process and successfully preparing for and taking the notorious…
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So many technology tools exist today that can enable attorneys to practice more efficiently and effectively. But attorneys often either don’t know about these tools or fear implementing them. In particular, much anxiety surrounds the implications of AI for the legal industry. In this episode, Todd Smith and Jody Sanders visit with Ernie Svenson—a f…
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In recent years, the U.S. Supreme Court has taken fewer cases on its merits docket. But it has increased the volume of its “shadow docket,” where it has traditionally handled procedural matters like stays. As a result of this shift, the Court is making wide-ranging decisions without traditional merits briefing or oral argument. In this episode, Uni…
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Cryptocurrency and blockchain are terms that have repeatedly found their way into legal headlines recently. But many practitioners and judges aren’t yet familiar with what they are or the legal implications they present. In this episode, Jody Sanders and Todd Smith join Nelson Ebaugh, a litigator and appellate attorney in Houston, to discuss this t…
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In this special joint episode, Jody Sanders and Todd Smith join their friend M.C. Sungaila to celebrate the 100th episode of her podcast, The Portia Project. Together, Jody, Todd, and M.C. talk podcasting, things they’ve learned, and memorable guests. Join them as their share their collective wisdom from more than 200 podcast episodes. Love the sho…
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Is the Texas Appellate Law Podcast relocating? Not exactly. But in this crossover episode with The California Appellate Law Podcast, Todd Smith and Jody Sanders chat with their California counterparts, Tim Kowal and Jeff Lewis. Together, they share their experiences launching a podcast in the middle of the pandemic, their favorite (legal) war stori…
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Every two years, the Texas Legislature meets. During that process, legislators file dozens of bills that potentially impact legal practice and the court system. Luckily, Texas lawyers can rely on Jerry Bullard to provide insight and context on the various proposals. In this episode, Jerry joins Todd Smith and Jody Sanders to talk about what’s going…
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Many lawyers go to law school thinking that they want to litigate weighty Constitutional questions. But those cases don’t often arise in regular practice. One area that does implicate the Constitution is First Amendment law, which winds through so many aspects of civil practice. Few people know that better than Tom Leatherbury, the founder and dire…
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Justice Debra Lehrmann has served on the Texas Supreme Court longer than any woman before her. But even before that historic tenure, she served as a family law judge for many years. She joins Todd Smith and Jody Sanders in this episode to talk about her judicial experience and how her family law knowledge has impacted her career and the Supreme Cou…
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When people think about appeals, they may not realize that some of the most important appellate work happens in the trial court. One of the keys to a successful appeal is making sure that the jury charge includes the right questions and instructions or that error is preserved from the failure to do so. In this episode, Jody Sanders and Todd Smith c…
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Texas has one of the most developed appellate bars in the nation. That comes from years of dedicated attorneys working to implement standards and practices that have benefitted the State’s legal system. David Keltner, a partner at Kelly Hart & Hallman, is one of those attorneys. David is a living appellate legend in Texas and has helped shape appel…
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Previous episode discussed: Chris Ritter: https://podcasts.apple.com/us/podcast/well-being-strategies-for-the-pandemic-and-the/id1504009131?i=1000501198802 Love the show? Subscribe, rate, review, and share! Here’s How » A special thanks to our sponsors: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas App…
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