Although filing a notice of appeal generally divests the trial court of jurisdiction, an appellant may still move for a new trial while an appeal is pending. Doing so, however,
Continue Reading Bell v. Martin, 35 Years Later
New Trial
No objection, No problem: Court of Appeals grants new trial on ground not raised by trial counsel
By Matthew Nis Leerberg on
As a general rule, an appellate issue is only preserved if you first object before the trial court. N.C. R. App. P. 10(a)(1). The Court of Appeals reminded us…
Continue Reading No objection, No problem: Court of Appeals grants new trial on ground not raised by trial counsel