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Conference art

2023 Robert O. Dawson

Conference on Criminal Appeals

Austin May 10-12, 2023 Sheraton Austin Hotel at the Capitol
Conference Concluded
Live Webcast May 10-12, 2023
Conference Concluded
Buy
Related products: eConference Materials
​RECEPTION SPONSOR 
Criminal Justice Section of the State Bar of Texas
Appellate Section of the State Bar of Texas
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Overview

UT Law CLE's 2023 Robert O. Dawson Conference on Criminal Appeals features members of the Court of Criminal Appeals and judges from the intermediate courts around Texas joining prosecutors and defense attorneys for balanced discussions and insights into current issues facing the criminal justice system, including:

  • A review of significant decisions from both the Texas Court of Criminal Appeals and the U.S. Supreme Court from the past year.
  • Gain insight into practical suppression issues on appeal and how to protect your record for appellate practice.
  • Hear practical advice from judges during two judicial panels; the Court of Appeals Judicial Panel and the Court of Criminal Appeals Judicial Panel.
  • Explore standards of review, writing findings of fact, statutory interpretation, and more. 
Join your colleagues and conference faculty at the Wednesday Evening Opening Reception co-sponsored by the Criminal Justice Section of the State Bar of Texas and the ​Appellate Section of the State Bar of Texas.
 
Following the conference, attendees will receive a bonus eSupplement containing an additional hours of MCLE to ensure that Texas practitioners can earn their required 15.00/3.00 MCLE hours for the year.

  • Buy

Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 May 10, 2023
  • Day 2 May 11, 2023
  • Day 3 May 12, 2023
  • Time
    Credit
    Subject
    Speaker
  • Wednesday Afternoon, May 10, 2023
    Presiding Officer:
    Hon. Barbara P. Hervey, Texas Court of Criminal Appeals - Austin, TX
  • 12:30 pm
    Austin Only
    Registration Opens
    Includes light refreshments.

  • 1:20 pm
    Welcoming Remarks

  • 1:30 pm
    1.00 hr
    Significant Decisions of the Texas Court of Criminal Appeals
    Analyze significant decisions in the last year and what they mean for criminal law practitioners.

    Hon. David C. Newell, Texas Court of Criminal Appeals - Austin, TX

  • 2:30 pm
    1.00 hr
    Supreme Court Update
    Hear an update on criminal law and criminal procedure cases relevant to Texas criminal appellate practice that were heard and decided by the United States Supreme Court in the 2022 term, and get a preview of hot cases in the pipeline for the 2023 term.

    Jennifer E. Laurin, The University of Texas School of Law - Austin, TX

  • 3:30 pm
    15-Minute Break

  • 3:45 pm
    0.50 hr
    What’s the Meaning of This? Making Sense of Statutory Interpretation
    Discover how courts find meaning through applications of well-known and obscure canons of construction, explore the convergence and divergence of judicial philosophies to interpretation, and probe recent developments in the law of interpretation.

    Emily Johnson-Liu, Office of the State Prosecuting Attorney - Austin, TX

  • 4:15 pm
    1.00 hr
    Writs
    Discuss the law of 11.07 habeas corpus with tips for writ practice at the Court of Criminal Appeals.

    Michael Staats Falkenberg, Harris County Public Defender's Office - Houston, TX

  • 5:15 pm
    Austin Only
    Adjourn to Reception (5:15 p.m. - 6:15 p.m.)
    Enjoy refreshments and a networking opportunity with colleagues and conference faculty.

    THANK YOU TO OUR RECEPTION SPONSORS
    Criminal Justice Section of the State Bar of Texas
    Appellate Section of the State Bar of Texas

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, May 11, 2023
    Presiding Officer:
    Hon. David C. Newell, Texas Court of Criminal Appeals - Austin, TX
  • 8:30 am
    Austin Only
    Conference Room Opens
    Includes continental breakfast.

  • 9:00 am
    1.00 hr
    Appellate Practice 101
    "Get your fundamentals down and the level of everything you do will rise” – Michael Jordan. Practical tips and TRAP awareness for better brief writing and advocacy in every stage of the appellate process, whether it’s your first appeal or hundred and first.

    Britt Houston Lindsey, Taylor County District Attorney's Office - Abilene, TX
    Hon. Jeff Propst, 104th District Court - Abilene, TX

  • 10:00 am
    0.50 hr
    Plot Ye Course: Petitions for Discretionary Review and Motions for Rehearing
    Plot ye course for (1) filing a Petition for Discretionary in the Court of Criminal Appeals after you’ve been marooned on loser island by an intermediate court of appeals and (2) seeking rehearing after the Court of Criminal Appeals tells you to walk the plank.

    Stacey M. Soule, Office of the State Prosecuting Attorney - Austin, TX

  • 10:30 am
    15-Minute Break

  • 10:45 am
    0.50 hr
    Mandamus
    Learn rules governing the form and content of petitions for writ of mandamus, as well as jurisdictional and substantive requirements to obtain mandamus relief, from both a defense and prosecution perspective.

    Hon. Rosa Theofanis, Third Court of Appeals of Texas - Austin, TX

  • 11:15 am
    0.50 hr
    Chapter 64 Motions
    A brief overview on the legal and ethical considerations for Chapter 64 Motions.

    Sarah Moore, Williamson County District Attorney's Office - Georgetown, TX

  • 11:45 am
    0.50 hr
    Forensic Evidence and Appeals
    Address forensic science issues on appeal.

    Carson R. Guy, Texas Court of Criminal Appeals - Austin, TX

  • 12:15 pm
    Austin Only
    Pick Up Lunch (in Austin)
    Included in registration.

  • Thursday Afternoon, May 11, 2023
    Presiding Officer:
    Hon. David C. Newell, Texas Court of Criminal Appeals - Austin, TX
  • 12:35 pm
    0.75 hr
    “More is Lesser” Defense Instructions
    A discussion on recent decisions from the Court of Criminal Appeals involving defensive instructions including self-defense, necessity, and a potpourri of other defenses.

    Hon. Jesse McClure, Texas Court of Criminal Appeals - Austin, TX

  • 1:20 pm
    15-Minute Break

  • 1:35 pm
    0.50 hr
    Standards of Review: What Chance Does My Argument Have of Prevailing on Appeal?
    An overview of the most common standards for reviewing trial court rulings on appeal as well as suggestions for effectively synthesizing the applicable standard of review with the pertinent facts and controlling authority for issues presented in any case.
    This session was originally scheduled on Friday, May 12, from 10:00 a.m. to 10:30 a.m. CT.

    Michelle R. Townsend, Ector County District Attorney's Office - Odessa, TX

  • 2:05 pm
    0.50 hr
    Preservation of Error for the Appellate Practitioner
    Highlighting the best practices and common mistakes related to preservation in the trial court and how to make the best of error on appeal to ensure a better appellate outcome.
    This session was originally scheduled on Thursday, May 11, from 2:20 p.m. to 2:50 p.m. CT.

    Carmen Roe, Carmen Roe Law Firm, PLLC - Houston, TX

  • 2:35 pm
    10-Minute Break

  • 2:45 pm
    0.75 hr ethics
    Beyond “If you have to ask…”: Understanding Brady and the Michael Morton Act in 2023
    The Court of Criminal Appeals issued the landmark case of Watkins v. State in 2021, offering the Court’s interpretation of key language in the Michael Morton Act. The Court explained that the Act “removes procedural hurdles to obtaining discovery, broadens the categories of discoverable evidence, and expands the State’s obligation to disclose.” Since then, Texas courts have issued several more published cases interpreting Watkins, Brady, and the Act itself. This presentation will explore the path that this precedent has taken and where it may be headed next.
    This session was originally scheduled on Thursday, May 11, from 3:00 p.m. to 3:45 p.m. CT.

    Holly Taylor, Travis County District Attorney - Austin, TX

  • 3:30 pm
    1.00 hr
    0.25 hr ethics
    A Peek Behind the Curtain
    Court of Appeals justices discuss what goes into their decision-making, how to make them more receptive to your briefs (or not), and other factors to improve your appellate practice. Audience members will have the chance to ask questions. Please submit your questions in advance to ConferenceQA@utcle.org.
    This session was originally scheduled on Thursday, May 11, from 3:45 p.m. to 4:45 p.m. CT.

    Moderator:
    Jay Brandon, Bexar County District Attorney's Office, Appeals Section - San Antonio, TX
    Panelists:
    Hon. Sarah Beth Landau, First Court of Appeals of Texas - Houston, TX
    Hon. Gisela D. Triana, Third Court of Appeals of Texas - Austin, TX

  • 4:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, May 12, 2023
    Presiding Officer:
    Hon. Barbara P. Hervey, Texas Court of Criminal Appeals - Austin, TX
  • 8:30 am
    Austin Only
    Conference Room Opens
    Includes continental breakfast.

  • 9:00 am
    1.00 hr ethics
    Ethics of Criminal Appellate Practice
    Ethical representation is required at the appellate level as well as the trial level. Explore rules of ethics and situations specifically centered on appellate representation.

    Stephanie L. Stevens, St. Mary's University School of Law - San Antonio, TX

  • 10:00 am
    0.75 hr
    Practical Suppression Issues on Appeal
    A discussion on preserving at the trial level, for appellate purposes, 4th Amendment search and seizure issues and presenting these issues on appeal.
    This session was originally scheduled on Thursday, May 11, from 1:35 p.m. to 2:20 p.m. CT.

    Michael C. Gross, Gross & Esparza, P.L.L.C. - San Antonio, TX
    Nathan E. Morey, Bexar County District Attorney's Office - San Antonio, TX

  • 10:45 am
    15-Minute Break

  • 11:00 am
    0.50 hr
    Drafting Findings of Fact and Conclusions of Law
    Practical tips for post-conviction litigators: drafting proposed Findings of Fact; increasing the likelihood they will be adopted; and framing the issues for favorable review.
    This session was originally scheduled on Friday, May 12, from 10:45 a.m. to 11:15 a.m. CT.

    Catherine G. Burnett, South Texas College of Law Houston - Houston, TX

  • 11:30 am
    1.00 hr
    0.25 hr ethics
    Court of Criminal Appeals Judicial Panel
    Hear a panel of judges respond to your frequently—and sometimes infrequently—asked questions. Please submit your questions in advance to ConferenceQA@utcle.org.
    This session was originally scheduled on Friday, May 12, from 11:15 a.m. to 12:15 p.m. CT.

    Moderator:
    Alison Fox Dahlberg, Texas Court of Criminal Appeals - Austin, TX
    Panelists:
    Hon. Barbara P. Hervey, Texas Court of Criminal Appeals - Austin, TX
    Hon. Jesse McClure, Texas Court of Criminal Appeals - Austin, TX
    Hon. David C. Newell, Texas Court of Criminal Appeals - Austin, TX
    Hon. Bert Richardson, Texas Court of Criminal Appeals - Austin, TX

  • 12:30 pm
    Adjourn

  • Day 1 May 10, 2023
  • Day 2 May 11, 2023
  • Day 3 May 12, 2023
Download Schedule

Conference Faculty

Jay Brandon

Bexar County District Attorney's Office, Appeals Section
San Antonio, TX

Catherine G. Burnett

South Texas College of Law Houston
Houston, TX

Alison Fox Dahlberg

Texas Court of Criminal Appeals
Austin, TX

Michael Staats Falkenberg

Harris County Public Defender's Office
Houston, TX

Michael C. Gross

Gross & Esparza, P.L.L.C.
San Antonio, TX

Carson R. Guy

Texas Court of Criminal Appeals
Austin, TX

Hon. Barbara P. Hervey

Texas Court of Criminal Appeals
Austin, TX

Emily Johnson-Liu

Office of the State Prosecuting Attorney
Austin, TX

Hon. Sarah Beth Landau

First Court of Appeals of Texas
Houston, TX

Jennifer E. Laurin

The University of Texas School of Law
Austin, TX

Britt Houston Lindsey

Taylor County District Attorney's Office
Abilene, TX

Hon. Jesse McClure

Texas Court of Criminal Appeals
Austin, TX

Sarah Moore

Williamson County District Attorney's Office
Georgetown, TX

Nathan E. Morey

Bexar County District Attorney's Office
San Antonio, TX

Hon. David C. Newell

Texas Court of Criminal Appeals
Austin, TX

Hon. Jeff Propst

104th District Court
Abilene, TX

Hon. Bert Richardson

Texas Court of Criminal Appeals
Austin, TX

Carmen Roe

Carmen Roe Law Firm, PLLC
Houston, TX

Stacey M. Soule

Office of the State Prosecuting Attorney
Austin, TX

Stephanie L. Stevens

St. Mary's University School of Law
San Antonio, TX

Holly Taylor

Travis County District Attorney
Austin, TX

Hon. Rosa Theofanis

Third Court of Appeals of Texas
Austin, TX

Michelle R. Townsend

Ector County District Attorney's Office
Odessa, TX

Hon. Gisela D. Triana

Third Court of Appeals of Texas
Austin, TX

Planning Committee

Hon. Barbara P. Hervey—Co-Chair

Texas Court of Criminal Appeals
Austin, TX

Hon. David C. Newell—Co-Chair

Texas Court of Criminal Appeals
Austin, TX

Joanna Jefferson—Director

The University of Texas School of Law
Austin, TX

Jay Brandon

Bexar County District Attorney's Office, Appeals Section
San Antonio, TX

Alison Fox Dahlberg

Texas Court of Criminal Appeals
Austin, TX

Michael Staats Falkenberg

Harris County Public Defender's Office
Houston, TX

Carson R. Guy

Texas Court of Criminal Appeals
Austin, TX

Stephanie L. Stevens

St. Mary's University School of Law
San Antonio, TX

Lisa Dotin Stewart

Travis County District Attorney's Office
Austin, TX

Credit Info

  • Austin
  • Live Webcast
MCLE Credit
Toggle view Texas – 13.25 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Criminal Law, Criminal Appellate Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 13.25 hrs  |  2.25 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Toggle view Oklahoma – 16.00 hrs  |  2.50 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Toggle view Pennsylvania – 13.00 hrs  |  2.00 hrs Ethics
UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. Attorney attendance will be reported to Pennsylvania within 2 weeks after credit is claimed and submit. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact us at accreditation@utcle.org if you have additional questions.
Toggle view Other States – 13.25 hrs  |  2.25 hrs Ethics
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state to ensure it will qualify for self-reporting your credits.

You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records and to provided to other licensing authorities as needed.

MCLE credit is presented based on a 60-minute credit hour.
Other Credit
Toggle view TX Accounting CPE – 16.00 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
MCLE Credit
Toggle view Texas – 13.25 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Criminal Law, Criminal Appellate Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas.  A Certificate of Completion will be emailed to you upon claiming credit. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 13.25 hrs  |  2.25 hrs Ethics
To claim California MCLE credit, California credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion. 

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  

MCLE credit is presented based on a 60-minute credit hour.
Toggle view Oklahoma – 16.00 hrs  |  2.50 hrs Ethics
To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion. 

The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
Toggle view Pennsylvania – 13.00 hrs  |  2.00 hrs Ethics
To claim Pennsylvania MCLE credit, Pennsylvania credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion. 

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks after credit is claimed and submitted. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact us at accreditation@utcle.org if you have additional questions.

MCLE credit is presented based on a 60-minute credit hour.
Toggle view Other States – 13.25 hrs  |  2.25 hrs Ethics
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state to ensure it will qualify for self-reporting your credits.
 
To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim and  certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records and to provide to other licensing authorities as needed. 

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.
MCLE credit is presented based on a 60-minute credit hour.
Other Credit
Toggle view TX Accounting CPE – 16.00 hrs
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and are presumptively approved by the Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – May 10-12, 2023 – Sheraton Austin Hotel at the Capitol
Conference Concluded
Live Webcast – May 10-12, 2023
Conference Concluded
Buy
  • Austin
  • Live Webcast
Individual
Last day for $550.00 Regular pricing: May 3, 2023

$600.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $495.00 Regular pricing: May 3, 2023

$545.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $440.00 Regular pricing: May 3, 2023

$490.00 for registrations received after this time

Last day for cancellation (full refund): May 5, 2023

$50 processing fee applied after this date

Last day for cancellation: May 8, 2023
Individual
Last day for $550.00 Regular pricing: May 3, 2023

$600.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $495.00 Regular pricing: May 3, 2023

$545.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $440.00 Regular pricing: May 3, 2023

$490.00 for registrations received after this time

Last day for cancellation (full refund): May 5, 2023

$50 processing fee applied after this date

Last day for cancellation: May 8, 2023

Venue

speaker

Sheraton Austin Hotel at the Capitol

701 E. 11th Street
Austin, TX 78701
512-478-1111
1-888-627-8349 (reservations)
Map

Accommodations

A limited number of rooms have been reserved at a special rate of $219 per night. Special room rate is available until April 13, or until the room block is exhausted, whichever comes first. You can reserve by calling 888-627-8349 and mentioning UT Conference on Criminal Appeals, or by visiting their website here.

Parking Information

Daily self-parking: $20

Overnight self-parking: $20

Daily valet parking: $49

Overnight valet parking: $49
 

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Criminal Justice Section of the State Bar of Texas

    Criminal Justice Section of the State Bar of Texas
    The Criminal Justice Section of the State Bar of Texas is made up of more than 3100 criminal practitioners, which includes prosecutors, defense attorneys and judges across the state. Our mission is to promote excellence in the practice of criminal law by embracing ethics, professionalism, education, training and fellowship. We sponsor CLE at the State Bar Annual meeting, State Bar of Texas webcasts on criminal law matters, and co-sponsor the State Bar of Texas Advanced Criminal Law Course. We also publish a quarterly newsletter to our members. The section’s policies and activities are governed by the Criminal Justice Council. www.txbarcjs.org/
  • Appellate Section of the State Bar of Texas

    Appellate Section of the State Bar of Texas
    The Appellate Section promotes the role of appellate lawyers in Texas, enhances their skills, and improves appellate practice in Texas. It furthers these goals by offering continuing legal education, disseminating materials on matters of interest to members of the Appellate Section, and creating opportunities for the exchange of ideas among members of the Appellate Section. www.tex-app.org/
Download Sponsor Details Become a Sponsor
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