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
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Back in the (COVID) House: Supreme Court Cancels Plans to Return to In-Person Oral Arguments
Less than a month ago, I excitedly reported about a courtroom reunion for appellate advocates and the Supreme Court justices.
Jinx!
With the recent surge in Delta variant Covid-19 infections,
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Back in the House: North Carolina Supreme Court Returning to In-Person Oral Arguments
After more than a year of remote oral arguments, the Supreme Court of North Carolina is ready for some face-to-face time. Barring a COVID-19 resurgence, both the Justices and advocates
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Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?
In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage
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Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of Appeals
In April 2017, the General Assembly moved primary (i.e., initial) appellate jurisdiction in termination of parental rights appeals from the Court of Appeals to the Supreme Court. That change
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The Descent of a Dissent
An intriguing by-play between judges on the North Carolina Court of Appeals recently emerged into public view in the case of State v. Calvin Lee Miller.
After shooting his
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ICYMI: Chat with the Chiefs on Thursday, May 6th
You are invited to attend the Appellate Practice Section’s “Fireside Chat with the Chiefs” this Thursday, May 6th, at 1:00 p.m. Don’t pass up this great opportunity to hear from
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Supreme Court Upholds Constitutionality of Another Error Preservation Statute
Under Appellate Rule 10, the general rule is that appellate courts only decide issues properly raised, argued, and decided in the trial tribunal. But exceptions to this general rule exist
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The Art of Persuasion: The Supreme Court Disputes Where to Look
If there is no binding precedent on point, where does the Supreme Court of North Carolina look for guidance? Which are more persuasive: federal court opinions or North Carolina Court
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Fascinating Recusal Issue Facing Supreme Court of North Carolina
Last month I blogged about a Fourth Circuit case that saw an eleventh-hour judge recusal. The Supreme Court of North Carolina is now facing a similar issue, times five.
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