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On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions appeared to me to be groundbreaking. Several, however, had interesting issues, facts, or…
Continue Reading ANOTHER SMORGASBORD OF OPINIONS FROM THE COURT OF APPEALSHopefully all of our readers have seen the announcements and registered already, but if not:…
Continue Reading You’re Invited: Three Upcoming EventsBack in November, I wrote about the possibility of a fee award being immediately appealable…
Continue Reading Can You Pass Go with a Fee Award?If you’ve regularly read my blog posts here over the past few years (in other…
Continue Reading Another Published Rehearing DenialThe Latest
The holding in Batson v. Kentucky, 479 U.S. 79 (1986), that racial discrimination has no place in jury selection, continues to generate caselaw. As noted in a prior blog…
Continue Reading BATSON IS BACK, WITH TEETHOral Argument in Congressional Map Appeal; Updated Appellate Rules Codification; WebEx for Dummies (just kidding)
This blog post is a mishmash of news and updates.
—Remote Oral Argument in Harper v. Hall (N.C. Congressional Maps Case). After a Supreme Court remand, the trial…
Continue Reading Oral Argument in Congressional Map Appeal; Updated Appellate Rules Codification; WebEx for Dummies (just kidding)I am pleased to report that the Supreme Court of North Carolina has selected Grant Buckner as its 17th Clerk of Court.
Grant is no stranger to the appellate courts.
Continue Reading Grant Buckner: North Carolina Supreme Court’s Next Clerk of CourtShiny New Things: Electronically Filing the Entire Record on Appeal; Oral Arguments Available by Podcast
As noted previously, the 2022 Appellate Rules amendments contemplate that the entire record on appeal should be filed electronically during a single e-filing session. Yet, when those amendments were…
Continue Reading Shiny New Things: Electronically Filing the Entire Record on Appeal; Oral Arguments Available by PodcastThe Countdown That Ends Before It Even Starts: The Unwritten “Actual Notice” Pathway to Losing Your Right to Appeal
This week, the Court of Appeals added some nuance to an issue that has plagued appellants for many years: the calculation of the appeal period when a judgment is not…
Continue Reading The Countdown That Ends Before It Even Starts: The Unwritten “Actual Notice” Pathway to Losing Your Right to AppealNew Recusal Order, New Remote Oral Argument, New Rules, New Clerk: Happy New Year!
As we send 2021 out and ring in 2022, a few developments and reminders.
Recusal Order. As reported previously, the Supreme Court of North Carolina has been grappling…
Continue Reading New Recusal Order, New Remote Oral Argument, New Rules, New Clerk: Happy New Year!In State v. Jonas, [2021-NCCOA-660; No. COA20-712 filed 7 December 2021, the Court of Appeals discussed an appellate requirement that sometimes bedevils criminal defense attorneys: preserving the right to appeal…
Continue Reading NO PLEA DEAL? NO PROBLEM!The Supreme Court has sent the creatures discussed in Beth’s December 7, 2021 blog back into obscurity. In an Order dated December 8, 2021, that Court granted a temporary injunction…
Continue Reading Unicorn? Loch Ness Monster? Where’d they go?Stories of mythical creatures have taken over this blog. First it was the summer 2021 unicorn where the Court of Appeals granted (and then withdrew) its first en banc review.
Continue Reading Unicorns and Loch Ness Monsters—Spotted YesterdayAppellate Practice Team
To smoothly navigate the appellate path, you need the guidance and knowledge of experienced appellate practitioners.