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North Carolina Appellate Practice Blog

Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts

TreatisePetition TrackerOther ResourcesSub-MenuRules & Practice GuidesOral ArgumentBusiness Court TrapsGuide to Appellate DispositionsCLECourtsSub-MenuNorth Carolina Court of AppealsNorth Carolina Supreme CourtUnited States Court of Appeals for the Fourth CircuitGlossaryPublicationsResearchVoter Information

Robert Edmunds

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ANOTHER SMORGASBORD OF OPINIONS FROM THE COURT OF APPEALS

By Robert Edmunds on May 11, 2022

On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions.  By my count, twenty-two were published and thirty were unpublished.  While history may prove…

Continue Reading ANOTHER SMORGASBORD OF OPINIONS FROM THE COURT OF APPEALS
Posted in Uncategorized

BATSON IS BACK, WITH TEETH

By Robert Edmunds on March 3, 2022
Judge with Gavel

The holding in Batson v. Kentucky, 479 U.S. 79 (1986), that racial discrimination has no place in jury selection, continues to generate caselaw.  As noted in a prior blog …
Continue Reading BATSON IS BACK, WITH TEETH

Posted in Uncategorized

NO PLEA DEAL?  NO PROBLEM! 

By Robert Edmunds on December 14, 2021
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In State v. Jonas, [2021-NCCOA-660; No. COA20-712 filed 7 December 2021, the Court of Appeals discussed an appellate requirement that sometimes bedevils criminal defense attorneys: preserving the right to appeal…
Continue Reading NO PLEA DEAL?  NO PROBLEM! 

Posted in NC Court of Appeals

Unicorn? Loch Ness Monster? Where’d they go?

By Robert Edmunds on December 9, 2021

The Supreme Court has sent the creatures discussed in Beth’s December 7, 2021 blog back into obscurity.  In an Order dated December 8, 2021, that Court granted a temporary injunction…
Continue Reading Unicorn? Loch Ness Monster? Where’d they go?

Posted in En Banc, North Carolina Supreme Court

AJEI Update, Plus a Helpful Tip For Everyone

By Robert Edmunds on September 27, 2021

The Appellate Judges Education Institute Summit is scheduled for November 11-14, 2021 in Austin.  In light of the ongoing worries about COVID, questions arise as to whether an in-person conference…
Continue Reading AJEI Update, Plus a Helpful Tip For Everyone

Posted in CLE, Uncategorized

Rule of Necessity Invoked

By Robert Edmunds on August 19, 2021

Last March, Pat blogged on a case pending before the Supreme Court of North Carolina in which invocation of the Rule of Necessity was a distinct possibility.  Pat’s post has…
Continue Reading Rule of Necessity Invoked

Posted in Uncategorized

Officials, Immunities, and Statutes, Oh My!

By Robert Edmunds on July 30, 2021

The North Carolina Court of Appeals has recently addressed the availability of immunity doctrines to state Magistrates.  In Wynn v. Frederick and Great American Insurance Company, the Court addressed…
Continue Reading Officials, Immunities, and Statutes, Oh My!

Posted in Sovereign Immunity, Uncategorized

Where’s Your Daddy?

By Robert Edmunds on June 24, 2021

In its recent opinion in Warren County Department of Social Services ex rel. Glenn v. Garrelts, the North Carolina Court of Appeals addressed an unusual choice of law issue.  In…
Continue Reading Where’s Your Daddy?

Posted in Full Faith and Credit, Uncategorized

Appellate Judges Education Institute 2021

By Robert Edmunds on June 22, 2021

Those who follow NCAPB know that AJEI offers the best CLE on appellate practice and law.  AJEI 2021 is being held live in Austin this year November 11-14.  One of…
Continue Reading Appellate Judges Education Institute 2021

Posted in CLE

The Descent of a Dissent

By Robert Edmunds on May 7, 2021

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

Posted in North Carolina Supreme Court, Notice of Appeal, Petitions for Discretionary Review

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