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
Continue Reading Supreme Court Upholds Constitutionality of Another Error Preservation Statute

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
Continue Reading How Important Is Oral Argument In The Fourth Circuit?

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
Continue Reading North Carolina’s Appellate Courts Proceed During the Coronavirus Pandemic

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
Continue Reading Right for the Wrong Reasons, Redux

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

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
Continue Reading Supreme Court Gets Down to Business—Business Court Cases, That Is