Texas Appellate Law Podcast

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 prosecutor to his new role with the Harris County Public Defender's Office and how his views on justice have evolved along the way. The conversation moves into the challenges of criminal appellate practice, focusing on the high-profile Roberson case. Doug offers a unique perspective on the resource disparities between criminal and civil appeals, the nuances of indigent defense, and systemic issues within the criminal justice system. Tune in for a thought-provoking discussion that will resonate with legal professionals and the public alike.

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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 paraprofessionals and court access assistants to help close the justice gap. Justice Busby shares insights on national trends and the Supreme Court's efforts to implement innovative legal solutions. Kennon provides a behind-the-scenes look at the process and the collaborative efforts required to bring these groundbreaking proposals to life. Tune in to hear about the scope of this initiative and how it will serve those who cannot afford traditional legal services.

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• Court Surety Bond Agency
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Proudly presented by Butler Snow LLP

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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 and law. He discusses his role at Malbek, where he focuses on contract lifecycle management, and highlights the significance of legal tech in enhancing efficiency and client service. Colin also offers advice for lawyers looking to integrate technology into their practices, advocating for experimentation and a problem-solving approach.

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 the Horton case. Formerly relied upon for its presumption of harm, Casteel error now requires prevailing parties to rebut a presumption that any error affected the jury's verdict. This nuanced shift, explored in detail by Todd and Jody, marks a significant evolution in Texas appellate law, prompting fresh considerations for trial attorneys and appellate strategists alike.    

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 his journey from New York City to Fort Worth, detailing his fascinating experiences in Russia and his unexpected foray into legal academia. The conversation explores Texas A&M Law's impressive rise in national rankings, the school's innovative approach to legal education, and the influence of Aggie culture. Dean Ahdieh also discusses the future of legal education in the context of rapidly evolving technologies like AI.

Twitter: @Ahdieology

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A special thanks to our sponsors:

• Court Surety Bond Agency
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Proudly presented by Butler Snow LLP

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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 groundbreaking new courts. Among the topics covered are what practitioners should expect when the courts open, the strategic implications for litigation, and the potential challenges that lie ahead. Tyler shares insights on the specialized jurisdiction of the Business Court, the statewide reach of the 15th Court of Appeals, and how these changes could reshape legal practice in Texas.

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A special thanks to our sponsors:

• Court Surety Bond Agency
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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 respectfully. This procedural justice goes beyond just outcomes, focusing on the fairness of the processes used to make decisions. In this episode, Todd Smith and Jody Sanders talk with Judge Steve Leben, formerly of the Kansas Court of Appeals, about procedural justice and its role in shaping public perception of the court system. Judge Leben explains that procedural justice focuses on making the court process fair, understandable, and respectful for everyone involved. This episode serves as a valuable reservoir of insights for those interested in bolstering public trust and confidence in the integrity of the legal system.

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• Court Surety Bond Agency
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Proudly presented by Butler Snow LLP

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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 lawyers prepare for trial using focus groups and jury feedback, detailing her journey from practicing personal injury law to becoming a trial consultant. Tune in to learn how focus groups can enhance trial readiness and help lead to successful outcomes.

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• Court Surety Bond Agency
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Proudly presented by Butler Snow LLP

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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 in crafting compelling arguments, while also advocating for brevity and clarity to aid with comprehension. Drawing from his extensive experience, Luther offers practical advice on structuring briefs effectively and avoiding common pitfalls. Tune in for valuable insights on how to present your case in the most persuasive way possible.

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• Court Surety Bond Agency
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Proudly presented by Butler Snow LLP

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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 simplify or dispose of a case. This episode offers practitioners effective ways to save their clients time, money, and the stress and uncertainty litigation creates.

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A special thanks to our sponsors:

• Court Surety Bond Agency
• Thomson Reuters

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

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