On May 7, 2024 the North Carolina Court of Appeals issued thirty-three published opinions There’s a lot to chew on here. Here’s my summary of a few of the
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A Majority Court and a Dissenting Justice: A Glimpse into the Future?
The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court, this minimalist approach, with a dissent, may be a harbinger of what to expect from the Supreme Court in the future.
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Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
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.
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Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal
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.
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There’s No Appeal Without the Right to 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.
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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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More on Published Opinions After Submission On Briefs
How Important Is Oral Argument In The Fourth Circuit?
The COVID-19 pandemic has forced many changes in the legal profession over the last 10 months. Those receiving the most focus have been, for obvious reasons, things like remote proceedings
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The ups and downs (and up again?) of a Batson challenge
In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prevents prosecutors in criminal cases from exercising
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North Carolina’s Appellate Courts Proceed During the Coronavirus Pandemic
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
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