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
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?