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 orContinue Reading What Rulings Should You Include in a Notice of Appeal?
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…Continue Reading Judge Doug McCullough (1945-2022)
Court of Appeals Petition Rulings Unmasked…
Continue Reading Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later
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…Continue Reading SHOW ME THE MONEY
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…
Continue Reading Can You Pass Go with a Fee Award?
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.
Continue Reading Unicorns and Loch Ness Monsters—Spotted Yesterday
There was a time when I thought of a writ of prohibition as a mythical creature that only exists in fairy tales. As it turns out, the writ does exist.
Continue Reading A Loch Ness Sighting: A Writ Decision with a Dissent
Normally, an interlocutory order awarding attorney fees is not immediately appealable because it does not affect a substantial right that will be lost absent immediate review. But is there a…
Continue Reading Interlocutory Review of Fee Awards: How Much Is Too Much?
Are you ready for a change of pace from private practice? The Office of Appellate Division Staff, which is located in the North Carolina Court of Appeals building, has a…
Continue Reading Now Hiring: Office of Appellate Division Staff