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 constitutions can have on the rule of law. In his 2018 book, 51 Imperfect Solutions: States and the Making of American Constitutional Law, Judge Sutton outlined the ways raising state constitutional claims can improve a client's odds of success and provide greater protection of rights. In this episode, Judge Sutton joins Jody Sanders and Todd Smith to discuss considerations and strategies for parties who might otherwise forgo state constitutional claims. He also reflects on his time as a clerk for Justice Antonin Scalia—a phase of his career that influenced his later endeavors and his love of the law.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

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 of the Texas Lawyers' Assistance Program, Chris Ritter. Chris shares his own struggle with alcohol and depression as a practicing lawyer, how he got through it, and how he now helps others in the legal industry. He sheds light on what makes lawyers vulnerable to mental-health issues and provides strategies for maintaining one's well-being during the pandemic and the upcoming holidays. Through it all, it helps to know that you are not alone and are not the only one fighting this battle. Join Chris as he offers comfort and guidance through this conversation.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

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 team. She joins Jody Sanders and Todd Smith in this week’s episode to talk about their study, the findings, and ways attorneys and judges can handle and improve remote proceedings. She also addresses potential issues with online hearings, jury trials, and the impact of moving justice outside of the physical courthouse.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

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 joins Todd Smith and Jody Sanders in this week’s episode to talk about how his appellate experience impacts his work as a trial judge. He also offers insights on how trial judges think through cases, how lawyers can help educate judges, the challenges faced by court proceedings during the pandemic, and his plans for the future once his term is over.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

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 to adapt to teach law students new and better methods for providing the best possible work product. On today’s show, Beth Wilensky, a Clinical Professor of Law at the University of Michigan, joins Todd Smith and Jody Sanders to talk about how law schools are responding to the increasing emphasis on legal writing and how they are training the next generations of advocates. Professor Wilensky also discusses her transition process from legal practice to teaching legal writing, and provides strategies and resources for practicing lawyers to improve their own legal writing and mentor others as they progress in their legal writing journey.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

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 Court practice in a solo setting after working in both large and boutique firms. Listen to this episode to hear how Carl has focused on building his brand around Supreme Court advocacy and, in particular, amicus work, which he describes as planting seeds for a court that shape not only the particular cases, but future development in an area of law.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

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. Dan also discuss the importance of acting quickly when a client faces an adverse judgment and the advantages of preparing for that possibility in advance.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

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 transition from advocate to appellate justice, and his recent research and publications on African-American Texas legal history. Justice Browning also details recent efforts to obtain restorative justice through posthumous recognition and bar admittance of historically significant candidates who were denied legal practice privileges based on race. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

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 the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

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 the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube