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)
School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
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)DUELING STATUTES OF LIMITATIONS
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 LIMITATIONSSHOW ME THE MONEY
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 MONEYANOTHER SMORGASBORD OF OPINIONS FROM THE COURT OF APPEALS
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 By my count, twenty-two were published and thirty were unpublished.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 APPEALSBATSON IS BACK, WITH TEETH
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
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NO PLEA DEAL? NO PROBLEM!
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!
Unicorn? Loch Ness Monster? Where’d they go?
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?
AJEI Update, Plus a Helpful Tip For Everyone
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
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Rule of Necessity Invoked
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