On Tuesday, Troy posted on the uncertainty surrounding how North Carolina appeals are being impacted by the coronavirus pandemic. On Thursday, the Supreme Court issued a catastrophic conditions order extending deadlines and other court proceedings for one month. Notably, this extension order does not apply to documents filed or acts to be done in the appellate courts. (But see final two paragraphs below).… Continue Reading
Last Friday, Chief Justice Beasley of the Supreme Court of North Carolina, held a press conference on the State judiciary’s response to the coronavirus pandemic. Most of the announcements during the conference focused on the trial courts. But there was also some information given during the press conference, and since then, about how the appellate courts are dealing with the pandemic.… Continue Reading
Out of a total of 24 opinions, the Supreme Court’s most recent set of opinions included nine criminal cases, three terminations of parental rights, and six direct appeals from Business Court decisions.
Of those six Business Court appeals, three were decided with written opinions and three were decided per curiam. What is noticeable, however, is that the three per curiam opinions were not one-pagers.… Continue Reading
Almost two years ago, I blogged about a relatively rare phenomenon: a published denial of a petition for rehearing. Back then, two recent Fourth Circuit cases had produced petitions for rehearing and then subsequent denials of those petitions. But while decisions denying rehearing are typically just one-sentence orders, with nothing more by way of explanation, those two cases had prompted judges to write separately to express their views on the issues at the core of the petitions.… Continue Reading
It continues to amaze me how difficult it is for the public to access basic information about the upcoming elections for open seats on the Supreme Court of North Carolina and the Court of Appeals. While stories with political angles find their way into the press, the fundamentals—which seats are open, why those seats are open, who is running, why voters should care—get little coverage. … Continue Reading
A while back, Justice Edmunds wrote a post that did a deep dive into what it means for the state’s jurisprudence when a case is “affirmed without precedential value.” Matt followed that up with discussion of a Business Court opinion in which Judge Gale concluded that a Court of Appeals opinion that is “affirmed without precedential value” is not binding authority in subsequent cases, but rather has only persuasive value. … Continue Reading
Back in June, the Supreme Court of North Carolina sought feedback on a potential change to the citation format for North Carolina appellate court opinions. This week, the Court has officially made plans for the universal citation format to go into effect. The purpose of the change is to present “an immediate, permanent, and medium-neutral” citation the moment an opinion is issued.… Continue Reading
The petition tracker has been updated with the Supreme Court’s most recent rulings on petitions for discretionary review. The Court accepted three new civil cases dealing with various topics such as charter schools, municipal development ordinances, and evictions. The Court will also be reviewing a juvenile delinquency case and (via a petition for writ of certiorari) another TPR case. As always, we will keep you updated as new developments occur.… Continue Reading
Since 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ authority to grant relief by writ of certiorari. See here, here, here, here, here, here, and here. The Supreme Court has also written frequently about whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ discretionary authority to grant relief by writ of certiorari.… Continue Reading
The trial judge who presides over a hearing or trial is supposed to, and usually does, sign the resulting written order. But what happens if that normal process is not followed? What options do the parties have?
Last week, the Supreme Court articulated one option that is not available: filing a notice of appeal. In re C.M.C. involved a bench trial of a petition for termination of parental rights.… Continue Reading