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
Continue Reading Another Published Denial of Rehearing, Another 4th Circuit Case to the Supreme Court?
Right for the Wrong Reasons, Redux
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
Fourth Circuit Judge Advocates for “Unpublishing” Panel Opinion, Simultaneously Lauds and Criticizes the Court
Appellate practitioners are familiar with the concept of moving to have the court publish an opinion that was initially issued as “unpublished.” Much rarer is the reverse situation, where a
Continue Reading Fourth Circuit Judge Advocates for “Unpublishing” Panel Opinion, Simultaneously Lauds and Criticizes the Court
The Curious Case(s) of the Published Denial of Rehearing
Twice this week the Fourth Circuit took the relatively unusual step of issuing published opinions on orders denying rehearing of a case. Ordinarily such orders are not published for the
Continue Reading The Curious Case(s) of the Published Denial of Rehearing
A Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar Dispute
A Petition for Writ of Certiorari continues to be the most powerful tool in the Supreme Court’s arsenal. Last Friday, the North Carolina Supreme Court used its certiorari authority
Continue Reading A Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar Dispute
Westward Bound: Supreme Court to Hold Two Sessions of Court in Morganton (Psst! A Showdown on an Important Issue of Appellate Procedure Could Occur)
No tattling allowed if someone buys scalped tickets to attend this event. For the first time since the Civil War era, the Supreme Court of North Carolina is preparing a
Continue Reading Westward Bound: Supreme Court to Hold Two Sessions of Court in Morganton (Psst! A Showdown on an Important Issue of Appellate Procedure Could Occur)
Rehearing Does Not Mean A New Result
Petitions for Rehearing pursuant to Rule 31 of the North Carolina Rules of Appellate Procedure are rarely allowed in the Court of Appeals. Anecdotal evidence suggests that the Court allows
Continue Reading Rehearing Does Not Mean A New Result