

Texas Appellate Law Podcast
Todd Smith & Jody Sanders
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 your arguments, and stay current with evolving legal trends.
Connect with us at texapplawpod.com or on LinkedIn and X (@texapplawpod).
Brought to you by Texas Appellate Counsel PLLC, a solo practice dedicated to appellate advocacy, trial support, and consulting for trial lawyers. For more information visit texappcounsel.com.
Sponsored by Court Surety Bond Agency and Counsel Press.
Produced and powered by LawPods, podcast marketing that converts prospects and drives revenue.
The views expressed by the participants on this podcast are their own and not those of their law firms, courts, or employers. Nothing you hear on this show establishes an attorney-client relationship or is legal advice.
Connect with us at texapplawpod.com or on LinkedIn and X (@texapplawpod).
Brought to you by Texas Appellate Counsel PLLC, a solo practice dedicated to appellate advocacy, trial support, and consulting for trial lawyers. For more information visit texappcounsel.com.
Sponsored by Court Surety Bond Agency and Counsel Press.
Produced and powered by LawPods, podcast marketing that converts prospects and drives revenue.
The views expressed by the participants on this podcast are their own and not those of their law firms, courts, or employers. Nothing you hear on this show establishes an attorney-client relationship or is legal advice.
Episodes
Mentioned books

May 29, 2020 • 34min
The Second-Wave Virus: Ransomware Attack on the Courts
It seems everything can be done over the internet nowadays. With the global pandemic and quarantine protocols, more and more people have relied on the world wide web when working from home. But a major threat has hindered those trying to practice appellate law recently — ransomware. On today’s show, Todd Smith and Jody Sanders talk about the recent ransomware attack on the Texas appellate court websites and how it’s affecting their practices. Don’t let the dangers of malware cripple you or your firm. Listen to this episode to learn what the courts are doing to combat the ransomware attack and keep things going.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

May 26, 2020 • 30min
Making Appealing Arguments in Federal District Courts | Judge Jeff Brown
Few judges have sat on a trial-court bench, a court of appeals, and the Texas Supreme Court. Our guest for this episode, Judge Jeff Brown, has done all three and more. Today, he joins Todd Smith and Jody Sanders to talk about his time as a state trial and appellate judge and his recent transition to the federal district bench. Sharing his career background, Judge Brown touches on how a judicial clerkship helps new lawyers understand how the court operates and makes decisions. Judge Brown also offers his take on advocacy in the courts where he has served and highlights similarities between the skill sets involved in federal trial courts and state appellate courts.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

May 19, 2020 • 37min
Providing Access to Courts Through Remote Technology in These Uncertain Times | David Slayton
Behind a well-functioning court system is an Office of Court Administration that ensures technology and processes are rightly placed. In this episode, Todd Smith and Jody Sanders interview the Administrative Director of the Texas Office of Court Administration, David Slayton, about how OCA supports Texas courts and helps streamline appellate practice. He shares with us the technology OCA uses to facilitate the courts’ work and provide a statewide platform for searching and monitoring cases. Addressing the current COVID-19 situation, David then shares how OCA has implemented remote technology to keep courts open and help maintain certainty in these uncertain times.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

May 12, 2020 • 34min
Appellate Law in the Age of Video and Social Media | Raffi Melkonian
Appellate law is not exempt from the global technological pivot we are experiencing in these strange times. Lawyers all over the nation are adopting technology in a way that they haven’t been forced to do up until now. Raffi Melkonian of Wright Close & Barger is the contemporary embodiment of the “lawyer of the future” in this age of video technology and social media. Known as the Dean of #AppellateTwitter among his followers, he has made significant inroads in turning the popular social media platform into a positive venue for fruitful collegial discussions. Listen in as he joins Todd Smith and Jody Sanders on the show to talk about his experiences in the practice, social media influencing, and advocating in the U.S. Supreme Court. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

May 5, 2020 • 33min
Court of Appeals Reversals by the Numbers | Kent Rutter
Jody and Todd talk with Kent Rutter, appellate attorney and current chair of the State Bar of Texas Appellate Section. Kent talks about the State Bar Appellate Section and the numerous benefits that it offers its members. Kent also talks about an empirical study that he and other Haynes & Boone attorneys prepared analyzing reversal rates in the various Texas intermediate courts of appeals.
Please contact Todd and Jody with questions, suggestions, or feedback on the episodes: Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com
Information on items discussed:
Kent Rutter: https://www.haynesboone.com/people/r/rutter-kent
Twitter: @kentrutter
Lynne Liberato: https://www.haynesboone.com/people/l/liberato-lynne
Texas Bar Appellate Section: http://www.tex-app.org/,which includes the Appellate Advocate that both Jody and Todd edited.
Kent’s and Natasha Breaux’s article on Reasons for Reversal: https://houstonlawreview.org/article/12201-reasons-for-reversal-in-the-texas-courts-of-appeals
Natasha Breaux, Kent’s co-author:
https://www.haynesboone.com/people/b/breaux%20natasha
Justice Elizabeth Kerr, Second Court of Appeals:
http://www.txcourts.gov/2ndcoa/about-the-court/justices/justice-elizabeth-kerr/
Pam Baron, Statistical guru of SCOTX: https://www.linkedin.com/in/pamela-stanton-baron-b2156b29
Please follow us on Twitter (@dtoddsmith @jodyssanders @texapplawpod) and Facebook (@texapplawpod), subscribe and rate us on Apple Podcasts, and reach out—we’d love to hear from you! Check us out on texapplawpod.buzzsprout.com and texapplawpod.com.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

Apr 28, 2020 • 46min
Sharing a Page from Lady Lawyer Diaries | Kendyl Hanks & Kristen LaFreniere
Jody and Todd have their first double-guest show with Kendyl Hanks and Kristen LaFreniere a/k/a KVP. They talk about their experiences with appellate practice, social media, and issues affecting women practicing law. They also discuss the #LadyLawyerDiaries phenomenon on social media and bringing the legal community together to improve the practice of law for women and other underrepresented groups.
Please contact Todd and Jody with questions, suggestions, or feedback on the episodes: Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com
Information on items discussed:
Kendyl Hanks: https://www.gtlaw.com/en/professionals/h/hanks-kendyl-t
Twitter: @hankskendyl
Kristen LaFreniere: https://davidsonsheen.com/lubbock-attorneys/kristen-vander-plas-esq/
Twitter: @KVPTexas
Judge Don Willett: https://en.wikipedia.org/wiki/Don_Willett
Lady Lawyer Diaries on Twitter: #LadyLawyerDiaries @LadyLawyerDiary
Professor Rachel Gurvich: https://law.unc.edu/people/rachel-i-gurvich/ Twitter: @RachelGurvich
Jamie Santos: https://www.goodwinlaw.com/professionals/s/santos-jaime Twitter: @Jaime_ASantos
Alyssa Leader: Twitter @alittleleader
Please follow us on Twitter (@dtoddsmith @jodyssanders @texapplawpod) and Facebook (@texapplawpod), subscribe and rate us on Apple Podcasts, and reach out—we’d love to hear from you! Check us out on texapplawpod.buzzsprout.com and texapplawpod.com.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

Apr 21, 2020 • 33min
Getting Your iPhone and iPad J.D. | Jeff Richardson
Todd and Jody talk with the first out-of-state guest, Jeff Richardson, a Louisiana appellate attorney and the person behind the website iPhone J.D. Jeff talks about integrating technology into litigation and appeals, and the many ways that an iPad can streamline appellate practice, from initial preparation to oral argument.
Please contact Todd and Jody with questions, suggestions, or feedback on the episodes:
Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com
Information on items discussed:
Jeff Richardson: https://www.adamsandreese.com/people/jeffrey-richardson
Jeff’s website, a great resource for integrating Apple technology into your practice: https://www.iphonejd.com/
The Texas and Louisiana Board Certification programs:
https://www.lsba.org/Specialization/AppellatePractice.aspx?Area=Standards
https://www.tbls.org/specialtyarea/AP
PdfExpert: https://pdfexpert.com/
Goodnotes: https://www.goodnotes.com/
TrialPad: https://www.litsoftware.com/trialpad/
TranscriptPad: https://www.litsoftware.com/transcriptpad/
The new Apple Keyboard that Todd is coveting: https://www.theverge.com/2020/3/18/21184929/apple-magic-keyboard-ipad-pro-trackpad-hinge-price-release-date
Please follow us on Twitter (@dtoddsmith @jodyssanders @texapplawpod) and Facebook (@texapplawpod), subscribe and rate us on Apple Podcasts, and reach out—we’d love to hear from you! Check us out on texapplawpod.buzzsprout.com and texapplawpod.com.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

Apr 14, 2020 • 26min
Getting Wise About Appellate Law, Texas History, and Podcasting | Justice Ken Wise
Todd and Jody talk with Justice Ken Wise, Fourteenth Court of Appeals, the original Texas appellate podcaster. Justice Wise talks about his career on and off the bench, his Texas-history podcast, Wise About Texas, and things he has learned serving on both the trial and appellate benches.
Please contact Todd and Jody with questions, suggestions, or feedback on the episodes:
Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com
Information on items discussed:
Justice Ken Wise: http://www.txcourts.gov/14thcoa/about-the-court/justices/justice-ken-wise/ Twitter: @judgewise
Wise About Texas, a great Texas history resource: http://wiseabouttexas.com/ Twitter: @wiseabouttexas
The Semicolon Court—when punctuation caused a constitutional crisis: https://tshaonline.org/handbook/online/articles/jps01
Texas Supreme Court Historical Society: https://www.texascourthistory.org/
Taming Texas project: http://www.tamingtexas.org/
Please follow us on Twitter (@dtoddsmith @jodyssanders @texapplawpod) and Facebook (@texapplawpod), subscribe and rate us on Apple Podcasts, and reach out—we’d love to hear from you! Check us out on texapplawpod.buzzsprout.com and texapplawpod.com.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

Apr 7, 2020 • 33min
Transition from Bench to Practice and Judicial Mental Health | Justice Scott Field
Todd and Jody talk with Former Justice Scott Field, Third Court of Appeals, about transitioning from the bench to private practice and judicial mental health. Justice Field shares insights from the bench on effective advocacy and opens up about difficult times that judges have from some of the issues that they face.
Please contact Todd and Jody with questions, suggestions, or feedback on the episodes:
Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com
Information on items discussed:
Scott Field: https://www.butlersnow.com/attorney/scott-field/ On Twitter: @ScottKingField
Texas’s Third Court of Appeals in Austin: http://www.txcourts.gov/3rdcoa.aspx
Justice Raul Gonzalez, who Todd and Scott clerked for: http://www.justiceraulgonzalez.com/
Amanda Taylor, Scott’s partner and another great appellate lawyer: https://www.butlersnow.com/attorney/amanda-taylor/
The Austin Lawyer article (p. 12):
https://www.austinbar.org/wp-content/uploads/2020/01/AL_Feb2020_loRes.pdf
The Texas Lawyer article: https://www.law.com/texaslawyer/2020/02/27/the-mental-challenges-judges-face/?slreturn=20200231130747
Erica Grigg, Texas Lawyers Assistance Program: https://www.tlaphelps.org/
Please follow us on Twitter (@dtoddsmith @jodyssanders @texapplawpod) and Facebook (@texapplawpod), subscribe and rate us on Apple Podcasts, and reach out—we’d love to hear from you! Check us out on texapplawpod.buzzsprout.com and texapplawpod.com.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

Mar 31, 2020 • 31min
Zooming into Remote Law Practice | Judge Emily Miskel
A fundamental shift is happening in courtrooms throughout the state in light of the COVID-19 pandemic. More and more judges have taken to allowing remote appearances to promote continued social distancing and prevent the spread of the coronavirus. In this episode, Todd Smith and Jody Sanders speak with Judge Emily Miskel of the 470th District Court of Collin County, Texas about her experience with integrating remote hearings through technology. As more courts adopt these practices to keep their dockets moving, it’s important to get more familiar with the technology and decorum for this “new normal,” so don’t miss out on the wisdom that Judge Miskel has to share.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube


