You can hit your snooze button a little later on Tuesdays. Effective January 1, 2025, the Court of Appeals’ scheduled filing days for opinions will be the first and third Wednesday of the month, Since the Court will be issuing a big batch of opinions on New Year’s Eve (and…
Continue Reading Wednesday Returns: Court of Appeals Changes Release Schedule for New Opinions“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine
In appeals, the general rule is that litigants cannot appeal an interlocutory order until a…
Continue Reading “So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineChristmas in September: New Features Added to North Carolina’s Appellate Filing Website
The Supreme Court’s Technology Department has done it again. Quietly adding even more features to…
Continue Reading Christmas in September: New Features Added to North Carolina’s Appellate Filing WebsiteWe’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count Limit
It’s not every day that the Court of Appeals spends almost 12 pages talking about…
Continue Reading We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count LimitA dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket…
Continue Reading Does a Dissenting Opinion Control the Supreme Court?Southern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”
When you read about someone breaking into an unlocked door in rural North Carolina you…
Continue Reading Southern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”Subscribe to North Carolina Appellate Practice Blog
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There is no shortage of CLE offerings, but we wanted to bring one to your attention: a virtual presentation on September 24, 2024. The program offers 8 credit hours…
Continue Reading Upcoming CLE with Law School DeansSmells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?
A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar. In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was…
Continue Reading Smells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?Morgan’s prior blog post on State v. McLean started the wheels turning on a topic I find fascinating: oral notices of appeal.
Civil lawyers love written notices of appeal. Have…
Continue Reading The Lights Are Still On: Oral Notices of Appeals in Criminal CasesAt Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal Cases
Big news out of the Court of Appeals for criminal practitioners. In State v. McLean, the Court of Appeals addressed a notice of appeal that was given orally the…
Continue Reading At Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal CasesOral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive…
Continue Reading Fast Talk: Compressed Oral Arguments in N.C. Court of AppealsI have blogged annually about the Appellate Judges Education Institute’s Summit. This year it is being held in Boston from November 14 through 17. As in prior years, it’s going…
Continue Reading Here It Comes Again: AJEI 2024So much of the law is geared towards addressing what happens when two black-letter principles apply simultaneously but point to different outcomes.
The Court of Appeals had to resolve just…
Continue Reading Clash of the Titans: When Waiver and Subject-Matter Jurisdiction CollideCan an appellee say that the lower court got it wrong? If so, when?
In many appeals, the alignment of interests is clear: the appellant is the party who disagrees…
Continue Reading What’s in a Name? Court of Appeals Strikes an “Appellee” BriefAbout this Blog
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