Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat?
Continue Reading Appellate Courts and Messy Kitchens
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat?
Continue Reading Appellate Courts and Messy KitchensOn 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 GoodbyeI’m often asked by younger lawyers and law students how a person goes about becoming an appellate lawyer. It’s tricky, because most firms and organizations hoard their plum appellate opportunities…
Continue Reading Now Hiring: EDNC Appellate AUSAIf you’ve regularly read my blog posts here over the past few years (in other words, if you are my mom), you will know that I find Fourth Circuit published…
Continue Reading Another Published Rehearing Denial
The world of Fourth Circuit en banc review has provided much fodder for my postings on this blog (See, e.g., here, here, here, here). On…
Continue Reading En Banc Review Results in Equally Divided Fourth Circuit (Again)
Two significant announcements came out of the Fourth Circuit this week. The first was that the Court announced that in-person oral arguments will resume for the Court’s December argument calendar…
Continue Reading Fourth Circuit Happenings – Back to Richmond and a New Member of the Court
An interesting recusal issue recently faced the Supreme Court of North Carolina, requiring the Court to invoke the “Rule of Necessity” in order to hear a high-profile case on North…
Continue Reading “Rule of Necessity” Not Necessary for Federal Circuit Courts
I have written a few times about published denials of petitions for rehearing en banc in the Fourth Circuit. See here and here. If you are interested in further…
Continue Reading Published En Banc Denials and Dissents
The Fourth Circuit had intended to resume in person oral arguments at the Lewis F. Powell Jr. Courthouse in Richmond, VA for its September argument calendar. That return was short-lived,…
Continue Reading Return to Richmond? Not so Fast.