With little notice or fanfare, the latest North Carolina Senate budget bill stands poised to make a significant change in North Carolina appellate practice. Currently there are several routes to
Continue Reading Will Appeals Of Right Be Left?
Honestly, I’m not a headhunter in disguise. A few days after my March 15 “Now Hiring” post, the Supreme Court posted another position: Special Counsel for Public Affairs
Continue Reading Now Hiring (Part II): Special Counsel for Public Affairs & Innovation
In October 2018, I gave a CLE presentations with (now recently sworn in) Judge Allegra Collins: “Life Preservers on the Titanic: Issues Not Properly Preserved for Appellate Review.” Part
Continue Reading Supreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review
The Supreme Court of North Carolina isn’t wasting any time in getting back to work after the 2018 elections. As Matt wrote last week, after the election, the
Continue Reading North Carolina Supreme Court Re-Sets Oral Argument in Redistricting Case
If you don’t put postage stamps on your holiday cards, they aren’t going to make it to their intended destinations. Similarly, if you don’t have a file stamp on the
Continue Reading This Holiday Season, A Reminder Not To Forget The (File) Stamps
On June 9, 2017, the Supreme Court of North Carolina issued a unanimous opinion holding that when an employer admits the compensability of an injury under the Worker’s Compensation Act,
Continue Reading That Didn’t Last Long: General Assembly Nullifies Supreme Court Opinion With Record Speed, While The Supreme Court Grapples With Error Preservation Problems.
North Carolina Court of Appeals Judge Doug McCullough earlier today announced his retirement from the bench, effective immediately, only a month and a few days before he was to
Continue Reading BREAKING NEWS: John Arrowood to Replace Judge McCullough on Court of Appeals
It was just over one year ago that I wrote about the authority of one appellate panel to overrule another panel when the issue is one of jurisdiction. Last week,
Continue Reading Update: Appellate Court Jurisdiction
When reading through recent batches of opinions from the North Carolina Court of Appeals, you may notice a new feature: a statement regarding the Court’s jurisdiction. While such a statement
Continue Reading Dram Shops, Fish, Dogs, and Opossums: Appellate Jurisdiction Edition
We have blogged several times on the fact that North Carolina is one of only two states that does not allow a federal court to certify questions to its state
Continue Reading Fourth Circuit Pleads With North Carolina to Create Federal Certification Mechanism