In its opinions issued on February 21, 2023, the NC Court of Appeals focused on how appellants must preserve their right to appeal issues if they want access to the appellate courts.
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Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory
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Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal
Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.” Today’s
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What Rulings Should You Include in a Notice of Appeal?
For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or
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Judge Doug McCullough (1945-2022)
Retired N.C. Court of Appeals Judge Doug McCullough unexpectedly died this week in Las Vegas, where he had retired with his wife, Lucci.
Judge McCullough had a storied career, reaching
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Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later
Court of Appeals Petition Rulings Unmasked
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SHOW ME THE MONEY
For years, tension has existed between federal and state criminal prosecutors over forfeitures. Criminal forfeitures result from the seizure (and, if necessary, the sale) of contraband such as cash from
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Can You Pass Go with a Fee Award?
Back in November, I wrote about the possibility of a fee award being immediately appealable if the amount in question is significant enough. In the latest batch of opinions from
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NO PLEA DEAL? NO PROBLEM!
In State v. Jonas, [2021-NCCOA-660; No. COA20-712 filed 7 December 2021, the Court of Appeals discussed an appellate requirement that sometimes bedevils criminal defense attorneys: preserving the right to appeal
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Unicorns and Loch Ness Monsters—Spotted Yesterday
Stories of mythical creatures have taken over this blog. First it was the summer 2021 unicorn where the Court of Appeals granted (and then withdrew) its first en banc review.
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