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 peremptory challenges to excuse prospective jurors solely on account of their race. As illustrated by State v. Campbell COA18-998-2, filed 21 July 2020, application of that 1986 decision is not easy.… 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
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
NOTICE: Take the following post with a grain of salt. The Court of Appeals issued an updated opinion in the Ellis case on 20 August 2019. Although the opinion is still 2-1, most of the language in the original majority opinion that I blogged about pertaining to appellate practice and procedure has been removed. The updated opinion also leaves no doubt that the issue of reasonable suspicion was first raised at the trial level.… Continue Reading
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 of the presentation posed this question: Can the General Assembly enact a rule or law that automatically preserves certain issues for appellate review? At the time, the answer to that question was as follows:
With the reworking of N.C.G.S. § 7A-27 to provide a direct appeal to the Supreme Court of North Carolina from certain orders of the North Carolina Business Court, it was expected that our State’s highest court would start churning out business law opinions. The batch of opinions from the Supreme Court released on December 7th contained three opinions originating from the Business Court, but only two of these came directly from the Business Court; perhaps the most high profile of the bunch (Corwin v.… Continue Reading
Most lawyers, upon learning that a case on appeal has been decided, immediately flip (or scroll) to the last page of the opinion to see the result. Reading the analysis can wait. The disposition determines whether you are going to enjoy calling your client with the news.
But other than telling you that you won or lost on appeal, what do the different disposition statements mean? … Continue Reading