Petitions for the writ of certiorari are a fairly routine part of North Carolina appellate practice and procedure, but the Appellate Rules do not provide much guidance on what those…Continue Reading Certiorari Petitions in the Court of Appeals: From Ordinary to Extra-Ordinary
The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. …Continue Reading A Majority Court and a Dissenting Justice: A Glimpse into the Future?
I’ve spent a fair amount of time over the last few months working on the examination recently administered to those seeking to become North Carolina State Bar Board Certified…Continue Reading “Fully Reviewable On Appeal”? Huh?
Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad…Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?
Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C.Continue Reading NC Expands Role of Amici in Appeals
As you likely know, our Court of Appeals stays quite busy. That is no less true now, with the 2023-24 term in full swing. Many folks–from the clerk’s office to…Continue Reading Law Clerk Wanted: North Carolina Court of Appeals
Justice Trey Allen was kind enough to sit down with me for an interview. At the time of our interview, Justice Allen was our Supreme Court’s Junior Associate Justice (now…Continue Reading A Conversation with Justice Allen