As you no doubt have noticed, virtually every batch of opinions from our State appellate courts includes at least one “Rule 3.1” case involving allegations of abuse, neglect, or dependency.
Continue Reading Pro Bono Opportunity: The Guardian ad Litem Program
The trial judge who presides over a hearing or trial is supposed to, and usually does, sign the resulting written order. But what happens if that normal process is not
Continue Reading Can You Appeal from a Nullity?
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
It is beginning to feel like a bi-annual holiday tradition between me and our blog readers: another rule-update summary. Yesterday afternoon, the Supreme Court issued its latest order amending the
Continue Reading Supreme Court Issues Order Amending the North Carolina Rules of Appellate Procedure: 2018 Holiday Edition
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.
Continue Reading No-Merit Briefs, the Pro Bono Program, and En Banc Review
Back in July, the Court of Appeals issued a published opinion in In re L.V. dismissing an appeal from an order terminating parental rights after the parent’s attorney filed
Continue Reading The Plot Thickens: Differing Opinions on No-Merit Briefs
At first blush, it might not seem surprising that the Court of Appeals would dismiss an appeal if “[n]o issues have been argued or preserved for review.” But what is
Continue Reading What Type of Review Is Triggered by a “No-Merit” Brief?
Last week, we wrote about a bill that was introduced in the legislature that would shrink the Court of Appeals to 12 judges while tweaking the jurisdiction of the Supreme
Continue Reading More Jurisdictional Changes: Could Juvenile Cases Be Next?
Appellate practitioners are undoubtedly familiar with the general rule that “there is no right of immediate appeal from interlocutory orders.” Goldston v. Am. Motors Corp., 326 N.C. 723, 725,
Continue Reading An Interlocution on Interlocutory Orders
1) Have a right to appeal
In re P.K.M. involved a juvenile delinquency proceeding against a twelve-year-old boy who moved to suppress incriminating statements he had made to an investigating
Continue Reading Today’s Court of Appeals Opinions: Three Ways to Avoid Dismissal of an Appeal