As I forecasted two weeks ago, the State v. Hardaway case could present a clean opportunity for the North Carolina Court of Appeals to hold its first-ever en banc (re)hearing.
Continue Reading We Are One Step Closer to an En Banc Rehearing in the North Carolina Court of Appeals
Yesterday, I posted on the State v. Hardaway case and the use of a “concurrence dubitante” by Judge Hampson to flag his concerns with the binding holding of the earlier-decided
Continue Reading Could We Finally Have an En Banc Argument in the NC Court of Appeals?
In 1904, North Carolina Supreme Court Justice Robert M. Douglas wrote a separate opinion in a case called Westbrooks v. Wilson, 135 N.C. 400, expressing some reservations about the
Continue Reading What is a Concurrence Dubitante?
It’s the stuff of nightmares: you drop your notice of appeal in the mail 24 days after a summary-judgment order is entered against your client, trusting the post office will
Continue Reading Court of Appeals Saves Appellant From Post Office Predicament
Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by
Continue Reading Are North Carolina Court of Appeals Judges Dissenting Less?
This year, the North Carolina Mock Trial Program, in conjunction with the Chief Justice’s Commission on Professionalism (CJCP) and the May 20th Society, will offer the chance to learn about
Continue Reading Help Wanted: Chief Justice’s Commission on Professionalism Seeks Appellate Attorneys as Moot Court Mentors
Isn’t “secure leave” wonderful? It’s the one time YOUR schedule overrides the COURT schedule. Just designate a week or two or three, at least 90 days in advance, and you
Continue Reading Preserve Family Harmony–File for Secure Leave Today!
Dissent-based appeals of right might stick around a little longer than we thought.
The 2023 budget bill struck N.C. Gen. Stat. § 7A-30(2), which had allowed for an appeal of
Continue Reading Did the NC Supreme Court Just Extend the Dissent-Based Appeal Period?
For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the
Continue Reading NC Supreme Court Cleans Up Rules on Dissent-Based Appeals
The North Carolina Supreme Court is not stingy with extensions. If a lawyer needs more time to file a brief, the Court will generally allow it.
But with the Court
Continue Reading North Carolina Supreme Court Is All Caught Up