Photo of Kip D. Nelson

As mentioned previously, several new judges are joining the Court of Appeals this month.  Similar to the Supreme Court’s ceremony, the investiture ceremony for these new judges will be held virtually at 10:00 a.m. on Thursday, January 14th.  Members of the public can watch the ceremony on the judicial branch’s YouTube page.  More information about the ceremony can be found here.… Continue Reading

It is hard to believe that it has been three months since Justice Ginsburg passed away.  The NCBA Appellate Practice Section invites you to attend a virtual presentation celebrating  her life, achievements, and legacy.  Join Dean Emerita Suzanne Reynolds as she leads a discussion among Ryan Park, Neil Siegel, and Ruthanne Deutsch about their experience clerking for Justice Ginsburg, her tremendous legacy to the legal profession, and her impact on them personally.… Continue Reading

The Appellate Practice Section of the North Carolina Bar Association is planning its annual CLE for June 2021.  The Section’s CLE committee is currently assembling the program for the CLE.  In the interest of making the program as relevant and actionable as possible for members of the Section and the bar, the committee invites your input on potential topics and speakers. … Continue Reading

Did you miss this week’s inaugural session of The Bluebook Club?  Never fear–you have a second chance.  The Appellate Practice Section’s new program offers networking and socializing opportunities for anyone interested in appellate practice.   The next session will be Thursday, November 19th at 1:00 p.m.

You can sign up here.   Note that you will have to be logged in to your NCBA account to register.… Continue Reading

In its most recent set of petition rulings, the Supreme Court of North Carolina added five new cases to its discretionary docket.  These cases involve:

  • the scope of the North Carolina False Claims Act;
  • the evidence required for a criminal threats conviction;
  • whether satellite-based monitoring constitutes an unreasonable search;
  • personal jurisdiction in the age of cell phones; and
  • the interpretation of automobile insurance policies.
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A writ of certiorari is a discretionary, extraordinary writ—and is therefore never granted as a matter of right. See, e.g., King v. Taylor, 188 N.C. 450, 451, 124 S.E. 751, 751 (1924) (explaining that the writ “is allowed only on a reasonable show of merits and that the ends of justice will be thereby promoted”). Not surprisingly, it has long been the rule that a party seeking a writ of certiorari must explain why the writ should be granted.… Continue Reading

It doesn’t take long for those who read judicial opinions to come across an unsigned, “per curiam” decision. Many decisions from the U.S. Supreme Court, federal circuit courts, and our state Supreme Court are short-ish opinions that are not ascribed to a single judge or justice. There is a long history of using such opinions “by the court.”

The most recent batch of opinions from the Court of Appeals included 5 unpublished per curiam opinions.… Continue Reading

The Petition Tracker has been updated with the Supreme Court’s most recent allowed petitions for discretionary review. Although there were some special orders, the Court only allowed two petitions outright. One arose from the Industrial Commission, and the other involves the Raleigh Housing Authority.

The Petition Tracker has also been updated to include the Court’s merits decisions on petitions that were granted.… Continue Reading

Out of a total of 24 opinions, the Supreme Court’s most recent set of opinions included nine criminal cases, three terminations of parental rights, and six direct appeals from Business Court decisions.

Of those six Business Court appeals, three were decided with written opinions and three were decided per curiam. What is noticeable, however, is that the three per curiam opinions were not one-pagers.… Continue Reading

Our state appellate courts have long held that a timely notice of appeal is a jurisdictional requirement. See, e.g., State v. Patterson. (For an interesting discussion on this topic, see section 28.02[3] in Beth and Matt’s treatise.)

Federal courts, on the other hand, have taken a different approach. For example, the Supreme Court in 2017 clarified that unless prescribed by statute, a rule-based timeline for filing a notice of appeal is “not jurisdictional” but is instead a “mandatory claim-processing rule.”… Continue Reading