Last Build Date: Thu, 19 Jan 2017 03:56:26 +0000
Mon, 16 Jan 2017 18:57:50 +0000
Appellate lawyers are the legal equivalent of a parent that you call to help navigate life’s uncertainties. In action, this means that appellate lawyers receive phone calls regarding obscure areas of law or rarely utilized procedures. The parent comparison suffers in that, unlike answering many parental questions, even well-seasoned appellate lawyers may have to research … Continue Reading
The post How I Learned to Stop Worrying and Love Formal Bills of Exception appeared first on Texas Appellate Law.
Tue, 03 Jan 2017 20:13:32 +0000
Happy New Year! After seeing my recent post on how I’m using my iPad Pro for appellate arguments, the good folks at the Texas Bar Journal asked if I’d like to publish a version of it in print. That version appears in the just-released January issue, an electronic copy of which is available here. I’ve since … Continue Reading
Fri, 02 Dec 2016 22:57:58 +0000
The recent election reminded me of a brush that I had with election-related appeals. A few years ago, I fervently drafted a brief in a primary-contest appeal under a looming deadline. As I neared completion, my pregnant wife called to inform me that she was in labor. No problem, right? I’ll get the deadline extended. … Continue Reading
The post Demanding a Recount: Appealing Election Challenges appeared first on Texas Appellate Law.
Wed, 09 Nov 2016 16:18:01 +0000
As in recent cycles, Republican incumbents and open-seat candidates for Texas appellate benches generally fared well in the 2016 general election. South Texas was the notable exception. The election will not change the Texas Supreme Court’s composition—at least not directly—as incumbent Justices Paul Green, Eva Guzman, and Debra Lehrmann all retained their seats. Donald Trump’s … Continue Reading
The post Election 2016: Some New Faces on Texas Appellate Courts appeared first on Texas Appellate Law.
Fri, 04 Nov 2016 11:48:40 +0000
I just completed my second Fifth Circuit argument using my big iPad Pro in a more prominent role than ever before. Inspired by Jeff Richardson’s post about how he used an iPad to prepare for and present an appellate argument, I thought I’d share how I’ve integrated the device into my preparation and presentation strategy. Documents … Continue Reading
Fri, 28 Oct 2016 23:01:33 +0000
I’m on something of an oral-argument streak. As of November 9, I will have argued five cases in the Texas Supreme Court or the Fifth Court of Appeals in the span of 18 months. As I’m preparing for another trip to New Orleans, I thought about this post listing my colleagues’ favorite places to stay … Continue Reading
Mon, 03 Oct 2016 12:44:53 +0000
I’m pleased to pass along the news that this blog was featured in the most recent installment of LexBlog Leaders, an LXBN series focusing on successful LexBlog Network blogs. Among other topics, the interview covers my take on blogging success and how this site has evolved since its launch almost ten years ago. Anyone interested is … Continue Reading
Tue, 20 Sep 2016 10:52:14 +0000
Appellate lawyers share some job-related realities with journalists, namely running up against deadlines. Although attorneys don’t rush to finish stories before a midnight printing, we do have to meet filing deadlines to seek relief from erroneous trial-court or intermediate-appellate court decisions. Knowing those deadlines (and how they are calculated) is paramount to correctly perfecting appeals. … Continue Reading
The post Getting the Scoop on Calculating Texas Appellate Deadlines appeared first on Texas Appellate Law.
Mon, 29 Aug 2016 13:30:12 +0000
In my last post, I addressed the significance of the burden in framing your response to a motion for summary judgment and in your appeal from an adverse summary judgment. In this post, I address getting your evidence in the record and keeping the other side’s out, amending your petition, and filing an appeal from … Continue Reading
The post Second Bites at the Summary-Judgment Apple (Part II) appeared first on Texas Appellate Law.
Tue, 23 Aug 2016 14:06:57 +0000
All litigators file or respond to dispositive motions, including motions for summary judgment. Dispositive motions are an opportunity for trial attorneys to implement their trial strategy, using the facts in their cases to gain a tactical advantage, whether by eliminating claims or defenses, educating the judge, or poisoning the well. But dispositive motions also require … Continue Reading
The post Second Bites at the Summary-Judgment Apple (Part I) appeared first on Texas Appellate Law.