I will note at the outset that our firm represented the property owners in this case. But aside from the substantive issues, the Supreme Court’s decision from last week in
Continue Reading Is “Failure To Preserve” An Issue That Must Be Preserved?
Preserving Sentencing Errors Just Got More Confusing
In State v. Meadows, the Court of Appeals determined that sentencing errors not preserved with a timely request, objections, or motion are waived under Appellate Rule 10(a)(1). In doing
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That Didn’t Last Long: General Assembly Nullifies Supreme Court Opinion With Record Speed, While The Supreme Court Grapples With Error Preservation Problems.
On June 9, 2017, the Supreme Court of North Carolina issued a unanimous opinion holding that when an employer admits the compensability of an injury under the Worker’s Compensation Act,
Continue Reading That Didn’t Last Long: General Assembly Nullifies Supreme Court Opinion With Record Speed, While The Supreme Court Grapples With Error Preservation Problems.
Supreme Court Reverses Court of Appeals Application of Appellate Rule 2
Last Friday was a blockbuster appellate day for the Supreme Court of North Carolina. Not only did it effectively declare an appellate jurisdiction statute unconstitutional (see Matt’s blog post
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Court of Appeals Reiterates Importance of Preserving Arguments on Appeal
Yesterday, the Court of Appeals published an opinion serving as a reminder that attorneys must always be mindful of preserving their trial court arguments for appeal. In State v. Walker
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Practice Tips for Preserving Privilege Issues for Appeal
Protecting the attorney-client and work-product privileges can be painstaking at the trial court level. To preserve the right to seek appellate review of any adverse privilege determinations, however, the lawyer’s
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Videotaped Depositions Played at Trial–What Could Possibly Go Wrong?
If you have never had to deal with an appellate trial transcript that is missing deposition testimony, consider yourself lucky. When deposition testimony is being read or a video deposition
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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)
You Can’t Have One Without The Other: Court of Appeals Dismisses Notice of Appeal That Designates Interlocutory Order But Not Final Judgment
The state appellate rules are clear: your notice of appeal must “designate the judgment or order from which appeal is taken.” N.C. R. App. P. 3(d). So, if you want
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Rule 9(b)(5) Supplements and Issues Raised for the First Time On Appeal: Don’t Do It!
I can’t pass up the opportunity to blog about an appellate case titled Don’t Do It, [Sic] Empire, LLC v. Tenntex, COA 15-938 (Mar. 1, 2016) ([sic] in original)—especially
Continue Reading Rule 9(b)(5) Supplements and Issues Raised for the First Time On Appeal: Don’t Do It!