
Texas Appellate Law Podcast
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.
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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.
Latest episodes

Oct 14, 2021 • 52min
A Texas Legislative Postmortem | Jerry Bullard
This week, Todd Smith and Jody Sanders welcome back Jerry Bullard, an attorney at Adams, Lynch & Loftin, PC, for a rundown on new statutes from the Texas Legislature’s regular and special sessions that affect trial and appellate practitioners. In this episode, you'll receive updates on bills concerning business organizations, healthcare for medical workers during the COVID pandemic, and more. The discussion includes revisions to Texas Civil Practice & Remedies Code Section 38.001, which now covers all business organizations, and bills of interest that didn’t make it out of the Legislature. Don’t miss these important updates!Love the show? Subscribe, rate, review, and share!Here’s How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Oct 7, 2021 • 50min
Extraordinary Writs in Criminal Cases | Michael Falkenberg
Most appellate practitioners deal with direct appeals from trial court rulings. But criminal practitioners know that direct appeals are only part of the process. At the Texas Court of Criminal Appeals, writ practice takes up a large portion of the docket. Todd Smith and Jody Sanders sit down with an expert on writ practice, Michael Falkenberg, Supervising Attorney at the Court of Criminal Appeals. Michael overviews the types of writs the Court considers and how the process works. He also explains how technological innovations have contributed to innocence cases, particularly when new evidence emerges years after a criminal trial. He also shares some of the more interesting writs he has encountered in his legal career. Love the show? Subscribe, rate, review, and share!Here’s How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Sep 30, 2021 • 42min
Four Decades of Appellate Practice | Luther Munford
Over the last several decades, appellate practice has transitioned from a part of general legal practice into its own discrete specialty. Luther T. Munford, an attorney in Butler Snow LLP’s appellate and written advocacy group, has been a part of that specialization and has directly influenced its development over the last 40 years, including a term as the President of the American Academy of Appellate Lawyers. From clerkships on the Fifth Circuit and the US Supreme Court, Luther has seen appellate practice change and develop. He’s taken that experience to carve his niche in an appellate practice that has included media law, constitutional law, professional liability, and product liability defense. Luther joins Todd Smith and Jody Sanders to share his experiences and discuss his work, including his development of the Mississippi Appellate Practice guide. Join us for Luther’s insights and anecdotes!Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Sep 23, 2021 • 39min
Extending into Other Media
In this week's episode, co-hosts Todd Smith and Jody Sanders visit about ways in which the podcast has helped them engage with other media, including hosting Twitter Spaces with previous guests, appearances on other podcasts, and interviews for online publications. They also discuss their upcoming live oral arguments and try out a "mailbag" segment by answering a question posed over Twitter.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Sep 16, 2021 • 55min
Technology and the Future of Law Practice | Jake Heller
As technology improves, it opens new opportunities to change the way attorneys practice. From rethinking roles, tasks, and strategies to providing assistance in ways we’ve never contemplated, each year brings new opportunities for change. In this episode, Todd Smith and Jody Sanders talk to one of the people leading the technological revolution in law, Jake Heller, co-founder and CEO of CaseText. Jake explains his background in technology and law and how it led him and others to develop CaseText to make legal research better and more efficient. He also shares his thoughts on how legal technology is reshaping the industry and where it may go in the future.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTubeCall for GuestsIf you’re interested in being a guest on the Texas Appellate Law Podcast, please let us know by visiting https://bit.ly/3zapfoG.

Sep 2, 2021 • 53min
Handling Oil & Gas Issues in Trial and Appellate Courts | Wesley Lloyd
For more than a century, oil and gas has remained the backbone of Texas’s economic growth. Despite repeated rumors that oil and gas is on the way out as an energy source, the industry continues to adapt and grow to meet new economic and technological developments. As a result, disputes over oil and gas remain an important part of Texas jurisprudence, something that today’s guest, Wesley Lloyd of Freeman Mills, PC, follows closely. Wesley’s practice focuses on litigation and appeals in energy, water, and real estate matters. Having handled both trials and appeals in oil-and-gas cases, Wesley explains the value in learning about how energy law impacts Texas practice. He also offers his personal story about taking a unique route to finding his current practice setting and the mentors that helped him along the way. Wesley also shares thoughts on remote work and adapting a practice to new technological realities. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTubeCALL FOR GUESTS: If you're interested in being a guest on the Texas Appellate Law Podcast, please let us know by visiting https://bit.ly/3zapfoG.

Aug 26, 2021 • 9min
A Milestone, Twitter Spaces, and a Call for Guests
Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Aug 19, 2021 • 1h 9min
A Judicial Perspective on Using Technology at Oral Argument | Judge John Owens
While emerging technology has created new opportunities for the way both lawyers and the public interact with the judicial system, judges haven’t been left behind. On today’s show, Judge John Owens of the 9th Circuit Court of Appeals joins Todd Smith and Jody Sanders, along with special guest co-host M.C. Sungaila, to discuss just how technology has helped from a judicial perspective. Judge Owens discusses how judges can embrace technology to better engage with attorneys at oral argument and prepare more efficiently to decide cases. He also offers tips to attorneys who are faced with tough oral argument questions and stresses the importance of preparation. Finally, he shares stories about his federal appointment process and, with M.C. Sungaila, provides a behind-the-scenes look at how the 9th Circuit operates.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Aug 12, 2021 • 47min
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler
While trial and appellate practice are different in many ways, attorneys who understand each one are better at both. On the criminal side, Jim Huggler has managed to balance both a trial and appellate practice representing criminal defendants in state and federal courts. This week, he joins Todd Smith and Jody Sanders to discuss his practice in the different forums, his experience as course director for TexasBarCLE’s Handling Your First (or Next) Criminal Appeal program, and his study of the reasons for reversal in criminal cases. He also offers resources advice for attorneys who might want to try their hand at criminal appeals.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

Aug 5, 2021 • 52min
The Evolution of Legal Publishing | Jason Wilson
When faced with a new legal issue, having a reliable resource to provide background information and a starting point for research is key. These resources create efficiency for clients and allow attorneys to get up to speed quickly in fast-moving matters. But, legal publishing companies have to ensure that the information they provide is trustworthy, user-friendly, and up-to-date in an ever-evolving legal world. Todd Smith and Jody Sanders address the process of writing and compiling legal reference materials by sitting down with Jason Wilson, co-founder of Bearings Legal Resources. Jason discusses his background as an appellate lawyer and staff attorney before transitioning into the legal-publishing world with the O’Connor’s practice manuals. He explains how this experience inspired him to launch a new legal publishing company to fill needs in the market that were not being served by existing publications. Jason also shares how these materials can help attorneys provide better representation in particular cases and sharpen legal expertise in new areas.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube