In October 2018, I gave a CLE presentations with (now recently sworn in) Judge Allegra Collins: “Life Preservers on the Titanic: Issues Not Properly Preserved for Appellate Review.” Part
Continue Reading Supreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review
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
As previously blogged about here, here, here, and here, the North Carolina General Assembly recently passed a bill that would reduce the number of seats on
Continue Reading Governor Cooper Sues to Challenge Bill Downsizing Court of Appeals
It was just over one year ago that I wrote about the authority of one appellate panel to overrule another panel when the issue is one of jurisdiction. Last week,
Continue Reading Update: Appellate Court Jurisdiction
A Petition for Writ of Certiorari continues to be the most powerful tool in the Supreme Court’s arsenal. Last Friday, the North Carolina Supreme Court used its certiorari authority
Continue Reading A Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar Dispute
Today, the Supreme Court affirmed the ruling of a three-judge panel that the Supreme Court justice retention statute is unconstitutional. With the Supreme Court deadlocked 3 votes for and 3
Continue Reading After Divided Vote, Supreme Court Primary to Move Forward June 7 as Scheduled
We have blogged several times on the fact that North Carolina is one of only two states that does not allow a federal court to certify questions to its state
Continue Reading Fourth Circuit Pleads With North Carolina to Create Federal Certification Mechanism
Holidays, snowstorms, vacations, workloads—mixed in with the winter blahs—have resulted in us getting a little behind on our blogging duties. The appellate courts, however, have not suffered from the same
Continue Reading Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing
Sometimes the juiciest info is found in the comments. In October, I blogged about State v. Biddix—a Court of Appeals’ opinion that appeared to significantly limit the Court of
Continue Reading The Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?
In what is sure to fuel an already vigorous political debate, the North Carolina Supreme Court upheld North Carolina’s school voucher program yesterday, dissolving the trial court’s injunction prohibiting disbursement
Continue Reading Supreme Court Decision Means School Voucher Program Is Likely Here to Stay