Suppose the Supreme Court of North Carolina jettisoned In re Civil Penalty—the case requiring panels of the Court of Appeals to treat earlier Court of Appeals panel opinions as binding precedent. What system would take its place?
This is no mere hypothetical. As my colleague Morgan Reece pointed out…
Continue Reading Alternatives to Horizontal Stare DecisisHitting the Ground Running: North Carolina Supreme Court Scheduling Oral Arguments Earlier Than You Might Expect
North Carolina appellate practitioners may want to sit down before reading this. Actually, maybe stand…
Continue Reading Hitting the Ground Running: North Carolina Supreme Court Scheduling Oral Arguments Earlier Than You Might ExpectSometimes you fall headlong into a chorus you thought you knew by heart—only to discover…
Continue Reading Complicated: Premature Oral Notices of Appeal & Writs of CertiorariWe Are One Step Closer to an En Banc Rehearing in the North Carolina Court of Appeals
As I forecasted two weeks ago, the State v. Hardaway case could present a clean…
Continue Reading We Are One Step Closer to an En Banc Rehearing in the North Carolina Court of AppealsYesterday, I posted on the State v. Hardaway case and the use of a “concurrence…
Continue Reading Could We Finally Have an En Banc Argument in the NC Court of Appeals?In 1904, North Carolina Supreme Court Justice Robert M. Douglas wrote a separate opinion in…
Continue Reading What is a Concurrence Dubitante?Subscribe to North Carolina Appellate Practice Blog
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This blog has spent a lot of ink discussing file stamps. Indeed, two Halloweens ago we devoted an entire blog post to the ghoulish topic of missing file stamps and…
Continue Reading Belt and Suspenders, Appellate Rule 9(b)(3), and File StampsAppellate Rules Amended to Allow Retired Judges to Stay on North Carolina’s Beaches
Yesterday, the Supreme Court of North Carolina amended Appellate Rule 36(b) to conform with the General Assembly’s recent amendment to N.C. Gen. Stat. § 1-283. Both under the Appellate…
Continue Reading Appellate Rules Amended to Allow Retired Judges to Stay on North Carolina’s BeachesIt’s the stuff of nightmares: you drop your notice of appeal in the mail 24 days after a summary-judgment order is entered against your client, trusting the post office will…
Continue Reading Court of Appeals Saves Appellant From Post Office PredicamentUntil recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by…
Continue Reading Are North Carolina Court of Appeals Judges Dissenting Less?Registration is now open for the North Carolina Bar Association’s 2025 Appellate Practice Section CLE – Elevate Your Appellate Practice. This is going to be a terrific event, with a…
Continue Reading Register Now and Save – NCBA’s 2025 Appellate CLEHelp Wanted: Chief Justice’s Commission on Professionalism Seeks Appellate Attorneys as Moot Court Mentors
This year, the North Carolina Mock Trial Program, in conjunction with the Chief Justice’s Commission on Professionalism (CJCP) and the May 20th Society, will offer the chance to learn about…
Continue Reading Help Wanted: Chief Justice’s Commission on Professionalism Seeks Appellate Attorneys as Moot Court MentorsIsn’t “secure leave” wonderful? It’s the one time YOUR schedule overrides the COURT schedule. Just designate a week or two or three, at least 90 days in advance, and you…
Continue Reading Preserve Family Harmony–File for Secure Leave Today!Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.
Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions…
Continue Reading Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.Dissent-based appeals of right might stick around a little longer than we thought.
The 2023 budget bill struck N.C. Gen. Stat. § 7A-30(2), which had allowed for an appeal of…
Continue Reading Did the NC Supreme Court Just Extend the Dissent-Based Appeal Period?About this Blog
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