Imagine that Judge Waldo has orally ruled against your client. A proposed written order has been submitted by the parties to the trial court. You are gearing up for an
Continue Reading Where’s (Judge) Waldo?–The Role of Substitute Judges under the Appellate Rules and Rules of Civil Procedure
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.
As a champion of the appellate courts’ broad certiorari powers, I am eager for the Supreme Court of North Carolina to review the legal questions raised by cases such as
Continue Reading The Court of Appeals Is Bound by Prior Panel Opinions—But Maybe Not!
Last Friday was a blockbuster appellate day for the Supreme Court of North Carolina. Not only did it effectively declare an appellate jurisdiction statute unconstitutional (see Matt’s blog post
Continue Reading Supreme Court Reverses Court of Appeals Application of Appellate Rule 2
Affirm . . . reverse . . . those are the words that usually appear at the end of an appellate opinion. But last week, the Supreme Court of North
Continue Reading Outside the Box: Authority of the Supreme Court of North Carolina
Tuesday’s batch of Court of Appeals opinions contained two scenarios in which a trial court’s oral ruling failed to align with its subsequent written order. While one of the “inconsistent”
Continue Reading No Mirror Image: Issues That Arise When Oral And Written Rulings Are Different
A party has an appeal of right to our Supreme Court from certain decisions of the Court of Appeals under N.C. Gen. Stat. § 7A-30. The overwhelming majority of those
Continue Reading Yes, Virginia, Substantial Constitutional Questions Do Exist!
Most appellate questions are decided by a panel of jurists, from the “three-judge panel” ubiquitous in our state and federal intermediate courts to the larger bodies common at the highest
Continue Reading Collaborative Decision-Making, at the District Court Level