Finally found time to blog on one of my favorite topics: exceptions and qualifications to the error preservation requirements of Appellate Rule 10! (Um, I heard those groans!).  A few
Continue Reading To Err Is Human, But to Review Is Divine—Exceptions to Preserving Error

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

Last week’s batch of opinions from the Court of Appeals includes a procedurally complicated case in which the court granted a writ of certiorari–only to dismiss a large portion of the appeal “as untimely and interlocutory.” The opinion shines light on several faulty presumptions that can trip up an appeal. Intrigued? Read on.
Continue Reading Writ of Certiorari Issued to Dismiss Appeal

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

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
Continue Reading Supreme Court Reverses Court of Appeals Application of Appellate Rule 2