Texas Appellate Law Podcast

"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 lawyer relationship. His "eyes-wide-open" philosophy ensures transparent communication about strategic decisions and potential appellate consequences. When asked about electoral changes affecting appellate courts, Andrew replies: "What matters to me as an appellate lawyer are the law and the facts, and that's all it should be."Connect and Learn More☑️ Andrew Gould | LinkedIn☑️ Arnold & Itkin on LinkedIn | Instagram | Facebook | X | YouTube☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Counsel Press

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 straight," Milo recalls to hosts Todd Smith and Jody Sanders. Tune in as he offers practical strategies, such as volunteering for pro bono appeals and dispositive motions, for attorneys looking to develop appellate skills. As someone who has faced challenges – including being born partially deaf – Milo also stresses the importance of mentors and encourages new lawyers to take advantage of Texas's collegial appellate bar.Connect and Learn More☑️ Milo Bobbitt | LinkedIn☑️ Patel | Gaines, Attorneys at Law on LinkedIn | Instagram | Facebook | X | YouTube☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Counsel Press

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 proceedings to the emergence of AI in legal work. The hosts share personal insights about what they've learned from their guests, address listener questions about the 15th Court of Appeals and recent case law developments, and express gratitude for the community that has formed around their "backstage pass" to the appellate world. Their conversation offers both a retrospective and a forward-looking glimpse at the changing landscape of appellate practice.Looking ahead, Jody will present his paper on Broad-Form Issue Submission at the State Bar of Texas’ Advanced Evidence and Discovery program in April (Houston) and May (San Antonio). Connect and Learn More☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Thomson Reuters

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 the Ninth Circuit, and he suggests that young lawyers should consider clerking as a way to enhance their skills. “It is a bit of drinking from a fire hose and learning a lot that you wouldn't necessarily learn as a first-year associate,” he says.Adam’s insights about Texas appellate law are available on his Substack, named “14th & Colorado” after the intersection where the Supreme Court of Texas is located. Click here to subscribe.Connect and Learn More☑️ Adam Shniderman | LinkedIn | X | 14th & Colorado ☑️ Alexander Dubose & Jefferson | LinkedIn☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Thomson Reuters

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. “When I started reading for myself,” Chris recalls to hosts Todd Smith and Jody Sanders, “I realized there is a whole system that goes on for policing and managing federal judges that I was unaware of.” Chris’ investigation into the little-known system eventually led to his paper, “Who Judges The Judges? Judicial Qualification and Recusal,” and CLEs. With Todd and Jody, he discusses broader implications around the independence and accountability of federal judges. Connect and Learn More☑️ Chris Dove ☑️ Troutman Pepper Locke on LinkedIn | Instagram | Facebook | X | YouTube☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC | LinkedIn ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Thomson Reuters

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 technology to improving access to justice. Don't miss this candid and inspiring conversation about Chief Justice Hecht's enduring legacy, his vision for the future of Texas courts, and his advice to the next generation of lawyers and judges.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

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.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

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.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Colin Levy, Director of Legal and Evangelist at Malbec, shares his journey from in-house lawyer to a leader in legal technology. He discusses the critical need to integrate tech in the legal field and demystifies how accessibility can enhance service delivery. Colin emphasizes experimentation and a problem-solving mindset for lawyers adapting to new tools. He dives into generative AI's role in improving efficiency while highlighting the importance of reliable information. The conversation is a compelling call for continuous learning in the ever-evolving legal landscape.

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.