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
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The ups and downs (and up again?) of a Batson challenge
In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prevents prosecutors in criminal cases from exercising
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Another Published Denial of Rehearing, Another 4th Circuit Case to the Supreme Court?
Almost two years ago, 
I blogged about a relatively rare phenomenon: a published denial of a petition for rehearing. Back then, two recent Fourth Circuit cases had produced petitions for
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“They’re baaaaack!”– Disagreements Regarding Scope of Permissible Relief under Appellate Rule 21 and In re Civil Penalty
Update: In February 2021, the Supreme Court granted the defendant’s petition for discretion review.
Since 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions
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When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (State Edition)
A few weeks ago, the North Carolina Court of Appeals in Connor v. Connor rejected an argument that a notice of appeal signed by a pro se litigant was defective
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Writ of Certiorari Issued to Dismiss Appeal
Last week’s batch of opinions from the Court of Appeals includes a procedurally complicated case in which the court granted a writ of certiorari–only to dismiss a large portion of the appeal “as untimely and interlocutory.” The opinion shines light on several faulty presumptions that can trip up an appeal. Intrigued? Read on.
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School of Government Releases Updated Resources for 3.1 Cases– Plus a Biddix/Stubbs Update!
The UNC School of Government recently released an updated manual on abuse, neglect, dependency, and termination of parental rights. The online version of the updated manual is located here.
Continue Reading School of Government Releases Updated Resources for 3.1 Cases– Plus a Biddix/Stubbs Update!