This blog has spent a lot of ink discussing file stamps. Indeed, two Halloweens ago we devoted an entire blog post to the ghoulish topic of missing file stamps and
Continue Reading Belt and Suspenders, Appellate Rule 9(b)(3), and File Stamps
Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.
Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions
Continue Reading Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.
Serif? Don’t Like It: The Clash Over Fonts Roars Back to Life
A decade ago, talk of fonts was all the rage in North Carolina appellate circles. Jurists were increasingly reading briefs on screens, not on paper. And what works on paper
Continue Reading Serif? Don’t Like It: The Clash Over Fonts Roars Back to Life
“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
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
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
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
The Lights Are Still On: Oral Notices of Appeals in Criminal Cases
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
At Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given 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
En Banc Rehearing in the North Carolina Court of Appeals: A Petition for Panel Rehearing in Disguise?
Fourth Circuit: Felon-in-Possession Statute Upheld under Bruen and Another ACCA Violent Felony Waves Goodbye
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
North Carolina Court of Appeals Strikes Down Gun Law Under Bruen and Second Amendment
The North Carolina Court of Appeals entered the Bruen Second Amendment debate this week with its decision in State v. Radomski.
First, a bit of background: In its
Continue Reading North Carolina Court of Appeals Strikes Down Gun Law Under Bruen and Second Amendment