Note: much of the information below comes from The American Lawyer’s October 23 “Daily Dicta,” by Jenna Greene.
He started as a pro se plaintiff alleging First Amendment (and other)
Continue Reading Unpublished Fourth Circuit Per Curiam Opinion Involving Pro Se Litigant Rights Moving Towards the Supreme Court on the Backs of Legal Giants
On Friday, the Supreme Court of North Carolina reaffirmed that (1) a writ of certiorari remains the most powerful tool in an appellate court’s arsenal and (2) that the Appellate
Continue Reading Writs of Certiorari: Still the Most Powerful Tool in the Appellate Courts’ Arsenal
A few weeks ago, the North Carolina Court of Appeals in Connor v. Connor rejected an argument that a notice of appeal signed by a pro se litigant was defective
Continue Reading When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (State Edition)
The UNC School of Government recently released an updated manual on abuse, neglect, dependency, and termination of parental rights. The online version of the updated manual is located here.
Continue Reading School of Government Releases Updated Resources for 3.1 Cases– Plus a Biddix/Stubbs Update!
Our appellate blogosphere has been filled with an unusual number of posts involving dismissed appeals. However, the North Carolina Court of Appeals on Tuesday bestowed leniency on two appeals, utilizing
Continue Reading Court of Appeals Extends Grace To Reach Merits of Appeal–Twice in the Same Day
As a champion of the appellate courts’ broad certiorari powers, I am eager for the Supreme Court of North Carolina to review the legal questions raised by cases such as
Continue Reading The Court of Appeals Is Bound by Prior Panel Opinions—But Maybe Not!
The Supreme Court stated in Dogwood v. White Oak, 362 N.C. 191, 657 S.E.2d 361 (2008), that noncompliance with nonjurisdictional rules normally should not lead to the dismissal of an
Continue Reading When Do Appellate Rules Violations Rise To The Level Of Jurisdictional Requirements?
**Update: Defendant CHS has filed a petition for writ of certiorari, here.**
Last year, something unusual happened in a business court case. In the course of denying summary judgment
Continue Reading Business Court Again Urges Immediate Review by Supreme Court
On occasion, the Supreme Court of North Carolina will grant a petition for discretionary review and then later decide that the grant was “improvidently allowed.” See, e.g., here and
Continue Reading An “Improvident” Decision
A case with a history of appellate rules issues, see here, can now add a few more to its tally. In State v. Coxton the Court of Appeals originally
Continue Reading Appellate Rule 28 and Abandonment of an Argument