[CORRECTION, JANUARY 26, 2024: Attorney Benjamin Kull, who practices in Durham, pointed out to me that the penultimate paragraph of the original post, discussing searches based on the odor ofContinue Reading PROMISES, PROMISES
Petitions for the writ of certiorari are a fairly routine part of North Carolina appellate practice and procedure, but the Appellate Rules do not provide much guidance on what those…Continue Reading Certiorari Petitions in the Court of Appeals: From Ordinary to Extra-Ordinary
I’ve spent a fair amount of time over the last few months working on the examination recently administered to those seeking to become North Carolina State Bar Board Certified…Continue Reading “Fully Reviewable On Appeal”? Huh?
Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad…Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?
As you likely know, our Court of Appeals stays quite busy. That is no less true now, with the 2023-24 term in full swing. Many folks–from the clerk’s office to…Continue Reading Law Clerk Wanted: North Carolina Court of Appeals
Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit of the relation back doctrine. …
Continue Reading Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
When prospective Appellants face a deadline for filing a Notice of Appeal, it is imperative that they know how many days, and which days, to count.
Continue Reading Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal
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. …
Continue Reading There’s No Appeal Without the Right to Appeal
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…Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It