
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
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
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?
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
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
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…
Continue Reading Courts and Canines: Another chapter in a long-running tale.