If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges
Continue Reading Clearing the Decks While Decking the Halls
It’s not unusual to see changes on the bench with the arrival of a new year. Come January 1, 2023, Justice Dietz and Justice Allen will join the Supreme
Continue Reading A Season of Transitions at the Supreme Court
Retired N.C. Court of Appeals Judge Doug McCullough unexpectedly died this week in Las Vegas, where he had retired with his wife, Lucci.
Judge McCullough had a storied career, reaching
Continue Reading Judge Doug McCullough (1945-2022)
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals
Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
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 By my count, twenty-two were published and thirty were unpublished.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?