Petition for Writ of Supersedeas

Sometimes the juiciest info is found in the comments.  In October, I blogged about State v. Biddix—a Court of Appeals’ opinion that appeared to significantly limit the Court of Appeals’ certiorari authority under Appellate Rule 21.  Even though a state statute specifically granted a criminal defendant the right to challenge his guilty plea by writ of certiorari, the Biddix court held that this statutory authority was trumped by Appellate Rule 21, which does not specifically authorize review of guilty pleas by certiorari.… Continue Reading

The Supreme Court of North Carolina released eight opinions last week, five of which were issued per curiam. However, one of the written decisions applied one of the “extraordinary writs” that are relatively infrequent in appellate practice.

In Dickson v. Rucho, several individual voters and lobbying groups sought to challenge the constitutionality of North Carolina’s most recent redistricting plan. As part of that suit, the plaintiffs sought documents from the defendants, who were (largely) members of the General Assembly.… Continue Reading