Master the Art of Courtroom Advocacy with Moot Court

Each year, the American Moot Court Association fields national competition for pre-law students. The competition consists of regional tournaments, preliminary nationals, and then nationals. For those into writing, there is a separate brief writing contest.

The Moot Court experience simulates that of an appeals court, an appropriate match for SHSU, inasmuch as we are one of the few institutions to bring in an appeals court annually to hear cases.

This Year’s Moot Court Case & “How to Win in the Courtroom”

Each summer, Professor Yawn teaches “How to Win in the Courtroom,” which uses the Moot Court case as the class curriculum. Students who sign up for this course will not only receive academic credit, but also have a head start in learning the material. The course unfolds as follows:

  • Introduction to Courts and the Judicial System
  • How to Brief a Case / Moot Court Rules
  • Bronner v. US
  • Con Law Cases (8 involving the 4th Amendment and search and seizure; 9 involving Article II of the US Constitution and Presidential Powers)
  • Oral Arguments

This year’s case involves the detention of Bobby Bronner following a 93-day period of visual surveillance, posing questions of (1) the extent to which the government can use surveillance techniques (in this case, “Ring” cameras installed on telephone poles) and (2) the legality of detaining non-citizens under presidential order.

Moot Court Team Awaits Its Assignment

Students interested in Moot Court are thus encouraged to take the class, allowing them earn credit while gaining low-pressure exposure to Moot Court. Students who do well in the course and otherwise show desirable characteristics of a moot court participant are invited to meet with the coach and team lead.

Depending on the number of participants and the budget, additional students may be able to try out for the team.

How Moot Court Works

“Mooters,” as participants are called, compete in teams of two. One individual handles the first legal issue (in this year’s case, it is the fourth amendment); the second member of the team handles the second legal issue (Article II powers of the President, in this year’s case). with one of the team handling rebuttal, when called for.

To prepare for the Oral Arguments, the team members have to thoroughly know their own issue, and have some knowledge of their teammate’s issue. This involves reading and re-reading the hypothetical scenario posed by AMCA (i.e., Bronner v. US) and the cases that form the backbone of their issue. For the Fourth Amendment issue, as previously mentioned, this involves eight cases, including landmark USSC cases such as Katz v. US. For the Article II issue, this involves reading nine cases, including landmark USSC cases such as Youngstown Sheet & Tube Co v. Sawyer.

Mooters Participate in Weekly Meetings to Prepare

Even after taking the class “How to Win in the Courtroom,” students will need to engage in weekly meetings (approximately two hours long) in preparation of the regional tournament, which typically takes place in late October or early November. Because registration for the tournaments takes place September 1, teams have to be established by then.

The Competition

There are approximately 15 regional tournaments each year, and in the last two years, SHSU has attended tournaments in Fort Worth (TAMU Law) and Fort Lauderdale (Shepard Broad College of Law).

For the first round, teams are assigned their role: either petitioner or respondent, with the petitioner having the opportunity for rebuttal. Three judges (actual attorneys) hear the cases, interrupting as they see fit, and scoring each participant following the round.


Participants are scored on (1) knowledge, (2) response to questions, (3) forensic skill/courtroom demeanor, and (4) organization, logic, and clarity of argument.

For the second round, teams take the side opposite they argued in the first round, and for round three, a coin toss determines the team’s side.

Depending on the size of the tournament, a quarter to half the teams will advance to the tournament’s second day, where the competition will proceed much like the first day.

Benefits of Moot Court

Moot Court sharpens the mind, pushing students to develop reading comprehension skills, sharpen their persuasive skills, enhance their public speaking, refine their use of logic, and expand their legal network.

Almost all law schools offer a Moot Court team, and law students have the option to choose among Moot Court, Mock Law, Negotiations, or all three. Participating as an undergraduate can give students a head start on this decision, while also providing skills and exposure that helps in law school.

Students who would like to learn more about Moot Court can go the American Moot Court Association’s website.

Building Future Leaders: Lessons from TX Supreme Court Justice James Sullivan

One of the advantages of attending SHSU is the opportunities afforded by the College of Criminal Justice, whose activities continue deep into the semester and even the summer. And so it was we found ourselves at lunch with 74 professionals from the legal and corrections community across the state of Texas–while listening to Texas Supreme Court Justice James Sullivan.

After an introduction by TDCJ General Counsel Stephanie Greger…

…Justice Sullivan highlighted five keys to leading teams of public servants.

  • Hire people smarter than you;
  • Grow a coaching tree;
  • Lead from the front;
  • Show people you care;
  • Build resilience.

He offered examples from his career, which he often shared tinged with traces of humor and a lot of common sense. He described his career as a government attorney and noted that while he didn’t earn as much as his private-practice counterparts (his wife, he says, “funds my government attorney hobby”), he was part of a team that produced successful leaders. This involves, he noted, disruption: good attorneys come in and work for the state; after a couple of years, they get better offers; and they move on to higher-paying jobs with greater influence. This creates turnover, but it is a product of a good strategy: hiring good people. And while those people leave eventually, they become coaches in their own spheres of influence, producing leaders that go on to serve.

Sullivan’s audience was on hand at SHSU to attend the Texas Criminal Justice Legal Conference, where leading practitioners were present to collaborate, think, and act to make Texas a better place. There were numerous attorneys present, including our friend Jack Choate and his excellent staff, and some new people we met, such as Rachelle White, Chief of Staff for TDCJ; Sean Groves, Deputy Executive Director of Texas Juvenile Justice; Eric Nichols, attorney at Butler Snow and Chairman of the Texas Board of Criminal Justice; and Wyvonne Long, Director of TDCJ Independent Office of Inmate Counsel. In short, there were a lot of people present from whom we could learn.

And learn we did! Between the conversations at the table and in the room, and the presentation by Justice Sullivan, we were exposed not only to tips for managing public servants, but also to the many careers in the law that also allow for public service.

Firearm Possession, Sexual Abuse, and Drug Possession on Tap for SHSU Courtroom

Although Huntsville residents have their share of exposure to the criminal justice system, they rarely have a chance to see an appeals court in action.  That changes this Wednesday, April 1, when the Center for Law, Engagement, And Politics hosts the Texas 10th Court of Appeals at Sam Houston State University (Kerper Courtroom), with hearings at 10am, 11am, and 1:30pm.  The cases involve possession of a firearm by a felon, charges, sexual abuse of a minor, and possession of a controlled substance.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray,

“The cases are interesting to the local community and students alike,” notes LEAP Ambassador Michelle Cardenas. “It’s a rare chance to see our appeals court in action, and this year’s cases are especially intriguing.”

The 10th Court of Appeals typically meets in Waco, where they hear cases two-three times a year.  But the Texas Legislature allows the appellate courts to travel to county seats within their jurisdiction.  The 10th Court of Appeals’ jurisdiction extends to some 18 counties, including Walker County, and they have travelled to SHSU every year since 2012 to hear three or, sometimes, four cases.

In addition to changing the venue, the justices also alter the courtroom procedures slightly to suit the educational setting.  Attorneys for both the plaintiff and the defendant have three minutes to turn, face the audience, and provide the facts of the case.  Although this component of the hearing has no impact on the justices’ decision, it is designed to allow those in attendance to better follow the legal arguments that will be put forth.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray,

This year’s cases involve diverse issues and will take place at the times listed below:

10am: Milton Rederick Miller v. State of TX : This appeal involves possession of a firearm by a felon, with the legal issues addressing, among other things, whether barring guns from non-violent felons violates the 2nd amendment and whether the defendant was competent to represent himself.

11am: Tacoby Davis v. State of TX: this appeal involves charges of sexual assault of a child. The legal issue involves the question of what constitutes a “public trial” and whether barring a testifying witness from the courtroom compromises that constitutional guarantee.

1:30pm: Tyrone Shepard v. State of TX—This appeal involves a conviction for possession of a controlled substance.  The legal issues involve the relevance of the defendant’s previous arrest for controlled substance and his right to a speedy trial.

Unlike trial courts, which select juries and are presided over by a single judge; the 10th Court of Appeals is presided over by a three-justice panel: Chief Justice Matt Johnson, Justice Steve Smith and Justice Lee Harris. In appeals hearings, there are no juries, no witnesses, no direct or cross-examinations, and no outcome is decided immediately at the end of the hearing.  Rather, each side is given 20 minutes to argue their case, with the justices often interjecting to ask questions, challenge an interpretation, or to seek additional information.

The cases will be heard at the Kerper Courtroom in the CJ Center at Sam Houston State University.  Although the courtroom rarely reaches capacity, it has occurred, and seating is provided on a first-come, first-served basis.  Local residents are welcome to attend. For more information, contact Mike Yawn at 936-294-1456 (or by email at mike.yawn@shsu.edu).

Please note there is a dress and etiquette code enforced by the court. It is:

Dress Code – All persons attending any portion of the oral argument sessions must wear proper attire.  The following is a list of inappropriate attire that includes, but may not be limited to:

  • Shorts (includes cut-offs, running shorts, Daisy Dukes)
  • Tank tops; Halter tops
  • Caps/hats
  • Mini skirts; Sweat pants, leggings
  • T-shirts with any type of inappropriate language or picture

Weapons – Weapons of any type are NOT allowed in the room where the oral arguments are taking place.
Electronic Devices –ALL electronic devices must be either turned off or set to silent.
Recording– No photos, broadcasting or recording devices are allowed during the oral argument session.
Food and/or Drink – No food or drink is allowed during the oral argument session. This also includes tobacco products and chewing gum. 
Behavior – Any person who disrupts the proceedings by talking, making noise, public display of signs, or similar conduct will be required to leave the courtroom.
Entrance and Departure – The Court strongly discourages the entering and departure of the courtroom during hearings. The bailiffs will permit entry at the top of the hour, at the beginning of hearings, and at 50 minutes past the hour.