Appellate Rules

In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered.  But in North Carolina, a major statutory exception to the general

Continue Reading “So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine

It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important.  But that’s exactly what the

Continue Reading We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count Limit

Morgan’s prior blog post on State v. McLean started the wheels turning on a topic I find fascinating:  oral notices of appeal.

Civil lawyers love written notices of appeal.  Have

Continue Reading The Lights Are Still On:  Oral Notices of Appeals in Criminal Cases

Big news out of the Court of Appeals for criminal practitioners. In State v. McLean, the Court of Appeals addressed a notice of appeal that was given orally the

Continue Reading At Trial:  Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal Cases

On Tuesday, the Fourth Circuit issued an important opinion in United States v. Canada, No. 22-4519, holding that 18 U.S.C. § 922(g)(1) (the “felon in possession” statute) is facially

Continue Reading Fourth Circuit: Felon-in-Possession Statute Upheld under Bruen and Another ACCA Violent Felony Waves Goodbye

Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad

Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?

When prospective Appellants face a deadline for filing a Notice of Appeal, it is imperative that they know how many days, and which days, to count.
Continue Reading Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal

On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26.  New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing

Continue Reading Appellate Rule Amendment: Service of Appellate Documents in the Trial Court Using Odyssey