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Texas Appellate Law Podcast

Latest episodes

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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
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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
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Jul 29, 2021 • 43min

Handling the Texas Supreme Court's Public Information | Osler McCarthy

Any serious Texas Supreme Court follower knows that the Court isn’t the only institution in that courthouse. Osler McCarthy, the Court’s staff attorney for public information, is another one. Many court watchers wait eagerly on Friday mornings for Osler’s order summary email before reading the Court’s opinions for themselves. But, that position did not even exist before Osler took it on and shaped it into what it is today. In this week’s episode, Osler joins Todd Smith and Jody Sanders to discuss how he came to the job, what he has done in that role, and how he prepares his weekly summary email turning the Court’s orders and opinions into digestible information for even casual readers. He also discusses his background in journalism and how it helps with his writing, shares tips that attorneys can incorporate into their own legal writing, and reveals his future plans.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
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Jul 22, 2021 • 46min

From the Trial Bench to the Court of Criminal Appeals | Judge Bert Richardson

People often don’t realize the many nuances involved in criminal appeals. Direct appeals are only part of the process. Later writ applications can raise various issues, including ineffective assistance of counsel. This week, Judge Bert Richardson of the Texas Court of Criminal Appeals joins Todd Smith and Jody Sanders to talk about the many different paths criminal appeals and writs can take. Judge Richardson also discusses his role on Texas’s highest criminal court, the court’s pandemic response, and ways attorneys can be vigilant in criminal legal matters where the stakes are so high.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
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Jul 15, 2021 • 41min

Disruption and Increasing Access to Justice | Chief Justice Bridget McCormack

COVID-19 created both challenges and solutions for courts and legal practitioners. Fortunately, many states, like Michigan, adapted quickly and were able to provide legal access throughout the pandemic. This week, Michigan Supreme Court Chief Justice Bridget McCormack joins Jody Sanders and Todd Smith to discuss her state‘s response and the tremendous opportunities for increasing access to justice that the pandemic provided. Chief Justice McCormack details the impact that technology can have on court access and connecting traditionally-underserved populations. She also offers a valuable perspective on judicial use of social media.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
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Jul 8, 2021 • 48min

Leveraging Technology to Improve Legal Writing | Ross Guberman

Most legal writers know about Ross Guberman, author and founder of Legal Writing Pro. Ross was one of the first legal writing instructors to work with law firms and practitioners across the country. Ross also developed BriefCatch, a software solution that helps legal writers make their briefs and motions better. In this week’s episode, Ross talks with Todd Smith and Jody Sanders about his teaching, his books on legal and judicial opinion writing, and BriefCatch—all with the aim to improve written work product across the legal industry.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
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Jul 1, 2021 • 53min

Psycholinguistics and Legal Writing | Judge Robert Bacharach

As a practitioner, federal magistrate, and now Tenth Circuit judge, Judge Robert Bacharach has seen many different types of legal writing. Recognizing that legal writing can always improve, he studied both historical writing and oratory alongside the science of psycholinguistics and found a new way to help legal writers better their craft. In this week’s episode, Judge Bacharach joins Jody Sanders and Todd Smith to share the ideas he compiled in his book, Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word. Judge Bacharach talks about his career, his path to the bench and appointment to the Tenth Circuit, and his process for writing the book. He also shares his perspective on ways to make briefing more interesting for readers while still providing valuable information.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
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Jun 24, 2021 • 1h 2min

Original Proceedings and Emergency Relief in the Courts of Appeals | Kirk Cooper

The inner workings of courts of appeals are sometimes hard to understand from the outside. Staff attorneys play a critical role in screening cases, assisting the justices, and helping the court handle its workload. This week, Todd Smith and Jody Sanders get an inside look at that process from their guest, the El Paso Court of Appeals’ Chief Staff Attorney, Kirk Cooper. Kirk gives an insider’s view of how the El Paso Court works, how it has handled challenges from the pandemic, and his background and path to appellate law.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
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Jun 17, 2021 • 53min

Using AI to Improve the Briefing Process | Jacqueline Schafer

If the COVID-19 pandemic taught attorneys anything, it’s that technology can change the practice of law and maximize efficiency in ways we never thought possible. But, even before the pandemic, lawyers and innovators were looking at how technology can benefit legal practice. In this week’s episode, Todd Smith and Jody Sanders visit with Jacqueline Schafer, founder and CEO of Clearbrief, about how her company has combined artificial-intelligence technology with brief writing to help both the lawyers drafting motions and appellate briefs and the courts reading them. Clearbrief is accessible in Microsoft Word, and it automatically analyzes a document’s text against the factual and legal sources cited to test the document’s accuracy. Jacqueline shares her vision of making Clearbrief so easy to use that even lawyers who don't like technology will feel comfortable with it. Join us for a discussion of the benefits and implications that incorporating AI technology into your practice may have.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
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Jun 10, 2021 • 1h 1min

Stare Decisis and Advocacy in the Court of Criminal Appeals | Judge David Newell

Unlike many states, Texas has separate high courts for civil and criminal cases. Criminal practitioners follow the Texas Court of Criminal Appeals closely because its decisions impact criminal law in every corner of the state. As a former appellate prosecutor, Judge David Newell brings a unique perspective to that Court. Judge Newell joins Jody Sanders and Todd Smith in this episode to discuss his background, his experience as a prosecutor, and his path to running for statewide election as a first-time candidate. He also provides insights on Court of Criminal Appeals proceedings and how the Court responded to the pandemic, including its adoption of new technology and practices. Finally, Judge Newell discusses the Court’s credibility, the role stare decisis plays at the Court, and opinions he wrote of which he is particularly proud.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube

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