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
Continue Reading The Descent of a Dissent
Courts and Canines: Another chapter in a long-running tale.
If there’s one thing we all remember from law school, it’s the old rule of common law that each dog gets one bite before the owner is on notice that
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The End of the Horne of Plenty; Dan Horne Is Retiring This Summer
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
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Has the Court of Appeals Unfriended Its Amicus?
The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is
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Assign Of Things To Come?
In Pounds, et al. v. Portfolio Recovery Associates, LLC, the North Carolina Court of Appeals recently issued an opinion that may have a significant impact on collections law and
Continue Reading Assign Of Things To Come?
Golder Applied
Matt blogged last week on Doe v. City of Charlotte, in which we were given multiple lessons in both how to and how not to handle an appeal. Authoring
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The ups and downs (and up again?) of a Batson challenge
In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prevents prosecutors in criminal cases from exercising
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Appellate Rulings Not Argued By Any Party; or Too Many Fingers in the Pie
Last year, I blogged about State v. Ellis where a passing motorist gave a Highway Patrol trooper the middle-finger salute and was arrested for his trouble. A divided Court of
Continue Reading Appellate Rulings Not Argued By Any Party; or Too Many Fingers in the Pie
There’s Golder In Them Thar Hills
In State v. Golder, 79PA18, filed 3 April 2020, the Supreme Court of North Carolina provided helpful guidance on a vexing issue relating to error preservation: Does a general
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The Trooper and the Hat—A Fable for Our Time
Although the case involving North Carolina Highway Patrol Trooper Thomas Wetherington appears to invite smiles because it focuses on his uniform hat (see “Side Bar” below), in fact it addresses
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