A few years ago I wrote about The Curious Cases(s) of the Published Denial of Rehearing. In that post, which focused on two published denials of rehearing from the
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Institutional Disharmony in the Fourth Circuit? Or Merely Patriotic Dissent?
Is there institutional disharmony in the Fourth Circuit? That’s the question that one judge suggested, in a concurring opinion, that lawyers and judges might be asking after an en banc
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No-Merit Briefs, the Pro Bono Program, and En Banc Review
On Tuesday, the Court of Appeals issued its latest batch of opinions. Good news: the impending turkey feast has not slowed the court’s pace in grappling with interesting appellate issues.
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Fourth Circuit May Conduct Initial En Banc Review of Revised Federal Travel Ban
Since December 2016, we have been monitoring the status of the North Carolina Court of Appeals’ new en banc authority. Several motions for en banc review have been filed,
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Court of Appeals Issues Opinions With Dissents; Procedure For Further Review Unclear
With the enactment of Senate Bill 4 last week, the Court of Appeals now has the statutory authority to hear and rehear cases en banc. Right on schedule, the
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The Writ of Certiorari—A Somewhat Less Powerful Tool?
Yesterday’s batch of opinions contained an unusual nugget: an entire opinion devoted to arguably the most powerful of all appellate tools, the writ of certiorari. In State v. Biddix,
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Interlocutory Appeals and Collateral Orders in the Fourth Circuit
The circuit courts of appeals have limited appellate jurisdiction. In two important cases, the Fourth Circuit recently dismissed appeals because the court did not have jurisdiction. These opinions provide an
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