When Texas & California Appellate Podcasts Meet

Timothy Kowal, Esq.
April 6, 2023

A few days ago we mentioned Tim is opening a satellite office in Texas, which means expanding the podcast’s jurisdiction. So in this episode we take care of some business with the proprietors of the Texas Appellate Law Podcast, Todd Smith and Jody Sanders.

Todd and Jody had the same idea during the pandemic to start an appellate law podcast. We talk about legal podcasting, finding good content to provide trial attorneys, and our state courts’ responses to the pandemic.

Then we turn to our continuing state appellate procedure comparison. Some interesting facts about Texas appellate law:

  • The Supreme Court sets most of the rules of civil procedure.
  • Court reporters are still found in most courts—the court reporter shortage seems to be found mostly in California.
  • Stare decisis works like federal courts: the district appellate courts need to heed each other’s holdings, unless reviewed en banc. Unlike in California, where each panel starts from a blank slate, free to ignore every Cal.App. decision ever written.
  • Unpublished opinions are still citable for precedential value. You can’t be sanctioned for citing theme like here in CA.
  • Judgments are not enforceable for 30 days, giving debtors a bit of time before enforcement.

Finally, Todd and Jody turn the tables and subject us to a Lightning Round.

D. Todd Smith’s biography, LinkedIn profile, and Twitter feed.

Jody Sanders’ biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

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Other items discussed in the episode:

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes summaries of cases and appellate tips for trial attorneys at www.tvalaw.com/articles. Contact Tim at tkowal@tvalaw.com or (714) 641-1232.

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