Rule 3.1

Friday afternoon, my email and text message notification systems were singing.  Why?  For the first time since December 2016 when the Court of Appeals received en banc review authority,…
Continue Reading And Then There Was One: North Carolina Court of Appeals Grants En Banc Review for the First Time Ever.

In April 2017, the General Assembly moved primary (i.e., initial) appellate jurisdiction in termination of parental rights appeals from the Court of Appeals to the Supreme Court.  That change…
Continue Reading Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of Appeals

Those who have known me for any length of time know that for more than a decade I have really, really wanted the Supreme Court to give appellate practitioners clarification…
Continue Reading Like Sands Through the Hourglass: Supreme Court Revises Transcript-Related Rules

On Thursday, the Supreme Court of North Carolina issued its latest amendments to the North Carolina Rules of Appellate Procedure.  The amendments impact word-count limitation applicable to appellate briefs and…
Continue Reading Supreme Court Adopts Generous, Secured-Leave Policy To Assist Sleep-Deprived, New Parents

On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions.  Justice Per Curiam (who is fond of affirming/reversing “for the reasons…
Continue Reading Taking Care of Business (Part I): Rule 3.1 No-Merit Briefs Warrant (At Least Some Form of) Appellate Review

In April 2017, the General Assembly surprised appellate stakeholders by adopting legislation shifting a subclass of Rule 3.1 juvenile appeals—Termination of Parental Rights (“TPR”) appeals—to the Supreme Court’s mandatory direct…
Continue Reading Operation Rule 3.1: Supreme Court Hosts CLE