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
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
If there is no binding precedent on point, where does the Supreme Court of North Carolina look for guidance? Which are more persuasive: federal court opinions or North Carolina Court
Continue Reading The Art of Persuasion: The Supreme Court Disputes Where to Look
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
Continue Reading The ups and downs (and up again?) of a Batson challenge
Last 
week, the Court of Appeals returned to a general question that this blog has addressed before: When is a Notice of Appeal Filing Deadline or Requirement Jurisdictional? In this
Continue Reading Can the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?
No, this post is not a tribute to David Ives. In many appellate cases, it really is all in the timing.
Some appellate rules regarding timing are easy to
Continue Reading All in the Timing
On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions. Justice Per Curiam (who is fond of affirming/reversing “for the reasons
Continue Reading Taking Care of Business (Part I): Rule 3.1 No-Merit Briefs Warrant (At Least Some Form of) Appellate Review
Appellate practitioners are familiar with the concept of moving to have the court publish an opinion that was initially issued as “unpublished.” Much rarer is the reverse situation, where a
Continue Reading Fourth Circuit Judge Advocates for “Unpublishing” Panel Opinion, Simultaneously Lauds and Criticizes the Court