Wayne Schiess, the head of UT’s legal-writing program and author of Wayne Schiess’s legal-writing blog, spoke to the Austin Bar Association’s Solo & Small Firm Section last week. Following the premise that lawyers are professional writers—an observation that applies with even greater force to appellate counsel—Prof. Schiess suggested a three-step process for improving one’s legal-writing skills: Practice: … Continue Reading
Monthly Archives: April 2008
Third Court Cancels FLDS Oral Argument
Posted in Oral Argument, Original ProceedingsBy this order, the Third Court of Appeals has canceled the oral argument on the application for emergency stay in In re Sara Steed, et al. (No. 03-08-00235-CV) and has summarily denied the stay. The court also denied the stay sought in the companion case, In re Faithann Jessop, et al. (No. 03-08-00236-CV). Before you rush to criticize this decision, consider… Continue Reading
No Supreme Court Opinions This Week
Posted in Supreme Court OrdersThe Texas Supreme Court issued no opinions with this week’s short set of regular Friday orders. The Court has been quite productive lately, as a number of the justices have mentioned at various bar functions, though several cases have been decided per curiam and merely follow a signed opinion on a particular issue. The word remains that some long-pending cases will be… Continue Reading
Third Court to Hear FLDS Mandamus April 29
Posted in News & Politics, Original ProceedingsIt turns out that Tuesday’s post about FLDS appeals coming to Austin was timely. According to this press release and what I can gather from the Third Court of Appeals’ web site, lawyers for Texas RioGrande Legal Aid filed a mandamus petition yesterday asking the court to order District Judge Barbara Walther to hold hearings at… Continue Reading
Mr. Shore Argues to SCOTUS
Posted in Appellate Practice, News & PoliticsBelieve it or not, I’m a sucker for lawyer TV shows, in part because they’re so unrealistic they make me laugh. I’d pretty much given up on ABC’s Boston Legal this season; for various reasons, I thought the show had jumped the shark. But I couldn’t help noticing Tuesday’s episode entitled "The Court Supreme," in which James Spader’s… Continue Reading
FDLS Appeal(s) Will Come to Austin
Posted in Jurisdiction, News & Politics, ProcedureThe West Texas town of Eldorado is more than 200 miles from Austin. So imagine my surprise when I realized that any appeals coming out of the drama surrounding the Fundamentalist Church of Jesus Christ of Latter Day Saints "Yearning for Zion" Ranch (which the ABA Journal describes as "what surely will be among the largest child custody cases in U.S…. Continue Reading
Texas Supreme Court Orders & Opinions 4/18/08
Posted in Supreme Court OrdersThe Texas Supreme Court issued six opinions with this week’s orders. I’m currently out of the office attending the Austin Bar Association Bench/Bar Conference (at which I am moderating a panel presentation by three Third Court of Appeals justices), so I haven’t had an opportunity to review the opinions yet. Osler McCarthy’s summaries are available here.
Should In-House Counsel Stick with Big Firms on Appeal?
Posted in Appellate PracticeIn last week’s Fat Friday e-newsletter (available through Technolawyer), lawyer-coach Debra Bruce outlined five reasons why corporate general counsel generally stick to BigLaw, despite rumblings about how high hourly rates and associate salary increases may lead them elsewhere. Do these reasons apply when a GC is looking for appellate counsel? For the most part, I don’t think so…. Continue Reading
Texas Supreme Court Orders & Opinions 4/11/08
Posted in Interlocutory Appeals, Jurisdiction, Supreme Court OrdersThe Texas Supreme Court issued 11 decisions, all but three of them per curiam, with this week’s orders. They are: In re H.V. (No. 06-0005), a juvenile justice case involving the suppression of evidence and appellate review under Section 56.03(b) of the Texas Family Code. Lewis v. Funderburk (No. 06-0518), resolving a 12-2 split among the… Continue Reading
Haynes Confirmed to 5th Circuit
Posted in News & PoliticsThe Tex Parte Blog is reporting that former Dallas district judge Catharina Haynes (pictured) has been confirmed to the United States Court of Appeals for the Fifth Circuit. She joins Judge Jennifer Elrod (previously discussed here) as Baker Botts alumna recently taking seats on the court. One can’t help but notice that three of President Bush’s last four… Continue Reading
Jim Ho Named Solicitor General
Posted in News & PoliticsThe "quiet trickle of a rumor" that Gibson, Dunn & Crutcher’s James C. Ho (pictured) will succeed Ted Cruz as Solicitor General of Texas is true. Attorney General Greg Abbott’s press release is available here. I have had the privilege of serving with Jim on The Appellate Advocate‘s editorial board for the past two years. His… Continue Reading
Forthcoming Appellate Rule Changes
Posted in Appellate Practice, ProcedureThe Texas Supreme Court recently announced changes to several Texas Rules of Appellate Procedure and the adoption of Texas Rule of Judicial Administration 15 . The rules highlighted below will have the broadest effect in civil cases. My comments appear in italics. TRAP 9.3 reduces the number of copies of certain documents a party must file with the Supreme Court… Continue Reading
Texas Supreme Court Orders & Opinions 4/4/08
Posted in Opinions & Judgments, Procedure, Rehearing, Supreme Court OrdersAfter last week’s barrage (from which I’m not the only one still recovering), the Texas Supreme Court issued just two decisions with this week’s orders. In Ansell Healthcare Products, Inc. v. Owens & Minor, Inc. (06-0386) (per curiam), the Court followed last week’s decision involving the same parties and issues, Owens & Minor, Inc. v. Ansell Healthcare Products,… Continue Reading