Petition for Writ of Certiorari

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?

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

A few months ago, Carrie blogged about the dismissal of the State’s appeal by the Court of Appeals in North Carolina State Board of Education v. State of North Carolina 
Continue Reading Not So Fast: Supreme Court of North Carolina Reinstates Board of Education Appeal

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

Our state appellate system allows for appeals from final judgments, appeals from interlocutory orders that affect a substantial right, and appeals from orders that are final as to
Continue Reading Should Supreme Court Allow Immediate Appeal from Business Court Orders Turning on Debatable Controlling Issues of Law?

When a local board of adjustment makes an adverse land-use decision on a landowner’s application for a conditional use permit or a variance, a special statute kicks in to dictate
Continue Reading Is An Appeal “To Superior Court in the Nature of Certiorari” an Appeal, an Action, or Both?

Holidays, snowstorms, vacations, workloads—mixed in with the winter blahs—have resulted in us getting a little behind on our blogging duties. The appellate courts, however, have not suffered from the same
Continue Reading Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing