A statute of limitations can end a case before it begins. But which limitations period applies? In its recent opinion in Woody v. Accuquest Hearing Center, LLC, COA21-563 (2022)
Continue Reading DUELING STATUTES OF LIMITATIONS
For years, tension has existed between federal and state criminal prosecutors over forfeitures. Criminal forfeitures result from the seizure (and, if necessary, the sale) of contraband such as cash from
Continue Reading SHOW ME THE MONEY
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 By my count, twenty-two were published and thirty were unpublished.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
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
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!
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?
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
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
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!
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?