In April 2017, the General Assembly moved primary (i.e., initial) appellate jurisdiction in termination of parental rights appeals from the Court of Appeals to the Supreme Court. That change
Continue Reading Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of Appeals
The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is
Continue Reading Has the Court of Appeals Unfriended Its Amicus?
Hurricane Florence has brought flooding and other forms of misery to much of North Carolina, especially in the coastal and southeastern counties.
On Thursday, 13 September 2018, Chief Justice Martin
Continue Reading Deadlines and Florence: A Helping Hand From The Chief Justice
There is perhaps no truer aphorism of appellate jurisdiction than this: The substantial right doctrine is more easily stated than applied. In light of the Court of Appeals’ opinion last
Continue Reading You Can Say That Again: The Substantial Right Doctrine Is More Easily Stated Than Applied
On Tuesday, October 24, 2017, Chief Justice Mark Martin issued the following statement about Senate Bill 698, which seeks to amend the North Carolina Constitution to provide for two-year
Continue Reading Chief Justice Martin Addresses Senate Bill 698
The 2018 judicial primaries–including those for open Court of Appeals and Supreme Court seats–have been eliminated. With the senate and the house voting to override the Governor’s veto by substantial
Continue Reading Judicial Primaries–Including Appellate Primaries–Have Been Eliminated
The Governor has vetoed** a bill that would eliminate the 2018 judicial primaries–including those for open seats on the Supreme Court and Court of Appeals. It is not clear
Continue Reading Could the 2018 Appellate Judicial Primaries Be Canceled?
In this era rife with internecine conflict in state government, we shouldn’t forget a less publicized line in the sand. Our state constitution grants plenary appellate authority to the Supreme
Continue Reading Supreme Court: General Assembly Cannot Limit Our Jurisdiction
On Wednesday, the General Assembly overrode the Governor’s veto of House Bill 239. Against opposition from the bench and the bar, the legislature pushed the court-shrinking bill through on
Continue Reading Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court