The North Carolina Supreme Court is not stingy with extensions. If a lawyer needs more time to file a brief, the Court will generally allow it.
But with the Court
Continue Reading North Carolina Supreme Court Is All Caught Up
Smells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?
A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar. In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was filed against the juvenile, alleging possession of marijuana with intent to sell and deliver, and carrying a concealed weapon. The juvenile filed a motion to suppress, arguing that the search of his car was unconstitutional.
Continue Reading Smells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?
Here It Comes Again: AJEI 2024
I have blogged annually about the Appellate Judges Education Institute’s Summit. This year it is being held in Boston from November 14 through 17. As in prior years, it’s going
Continue Reading Here It Comes Again: AJEI 2024Opinions Galore!
On May 7, 2024 the North Carolina Court of Appeals issued thirty-three published opinions There’s a lot to chew on here. Here’s my summary of a few of the
Continue Reading Opinions Galore!No, Your Case Isn’t Special–There’s a New Fourth Circuit Form.
If you have had a case tentatively calendared for oral argument in the Fourth Circuit recently, then you likely received a notice to submit a specific form indicating whether you
Continue Reading No, Your Case Isn’t Special–There’s a New Fourth Circuit Form.PROMISES, PROMISES
[CORRECTION, JANUARY 26, 2024: Attorney Benjamin Kull, who practices in Durham, pointed out to me that the penultimate paragraph of the original post, discussing searches based on the odor of
Continue Reading PROMISES, PROMISESCourt of Appeals Has New Chief Judge
The North Carolina Court of Appeals has a new chief judge. Effective January 1, 2024, Chief Justice Newby has appointed Senior Associate Judge Chris Dillon as the new chief of
Continue Reading Court of Appeals Has New Chief Judge
Six New Specialists
The North Carolina State Bar has announced that six attorneys have passed the grueling examination and have been certified as Specialists in Appellate Practice. They are:
L Lamar Armstrong, III
Continue Reading Six New Specialists“Fully Reviewable On Appeal”? Huh?
I’ve spent a fair amount of time over the last few months working on the examination recently administered to those seeking to become North Carolina State Bar Board Certified
Continue Reading “Fully Reviewable On Appeal”? Huh?Appellate Style Guide Updated
If you handle appeals in North Carolina, you need a copy of the Style Guide. This guide is put together by the state’s Appellate Rules Committee and updated regularly.
I’ve
Continue Reading Appellate Style Guide Updated