An intriguing by-play between judges on the North Carolina Court of Appeals recently emerged into public view in the case of State v. Calvin Lee Miller.
After shooting his wife, Miller was convicted of attempted first-degree murder, assault with a deadly weapon with intent to kill inflicting serious injury…Continue Reading The Descent of a Dissent
You are invited to attend the Appellate Practice Section’s “Fireside Chat with the Chiefs” this…Continue Reading ICYMI: Chat with the Chiefs on Thursday, May 6th
Back in January I blogged about how frequently, and in what types of cases, the…Continue Reading Update on Fourth Circuit Published Opinions Without Argument
If there’s one thing we all remember from law school, it’s the old rule of…Continue Reading Courts and Canines: Another chapter in a long-running tale.
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Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion
In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a…Continue Reading Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion
Sad news for North Carolina appellate aficionados. Dan Horne, the Clerk of the North Carolina Court of Appeals, is retiring as of June 30, 2021.
As he rides into the…Continue Reading The End of the Horne of Plenty; Dan Horne Is Retiring This Summer
Usually, appellate counsel can confidently say that a grant of partial summary judgment, standing alone, will not allow for an interlocutory appeal. A complete grant of summary judgment is a…Continue Reading Can partial summary judgment affect a substantial right?
Under Appellate Rule 10, the general rule is that appellate courts only decide issues properly raised, argued, and decided in the trial tribunal. But exceptions to this general rule exist…Continue Reading Supreme Court Upholds Constitutionality of Another Error Preservation Statute
As you no doubt have noticed, virtually every batch of opinions from our State appellate courts includes at least one “Rule 3.1” case involving allegations of abuse, neglect, or dependency. …Continue Reading Pro Bono Opportunity: The Guardian ad Litem Program
Have you ever wondered what it is like to be an appellate judge? Are you interested in hearing about the future of our appellate courts?
You are in luck. Patterson…Continue Reading March 31st: Webinar Featuring Former Appellate Jurists
If there is no binding precedent on point, where does the Supreme Court of North Carolina look for guidance? Which are more persuasive: federal court opinions or North Carolina Court…Continue Reading The Art of Persuasion: The Supreme Court Disputes Where to Look
It has been more than a year since the Court of Appeals and Supreme Court have held in-person oral arguments. Thankfully, the appellate courts have been able to continue their…Continue Reading Something Next to Normal: Is the Court of Appeals Returning to In-Person Oral Arguments?
Last month I blogged about a Fourth Circuit case that saw an eleventh-hour judge recusal. The Supreme Court of North Carolina is now facing a similar issue, times five.…Continue Reading Fascinating Recusal Issue Facing Supreme Court of North Carolina