For years, tension has existed between federal and state criminal prosecutors over forfeitures. Criminal forfeitures result from the seizure (and, if necessary, the sale) of contraband such as cash from
Continue Reading SHOW ME THE MONEY
After three years of service as the Dean of Regent University Law School in Virginia, former North Carolina Supreme Court Chief Justice Mark Martin is coming home. High Point University
Continue Reading Welcome back, Chief Justice Martin!
On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove
Continue Reading ANOTHER SMORGASBORD OF OPINIONS FROM THE COURT OF APPEALS
The holding in Batson v. Kentucky, 479 U.S. 79 (1986), that racial discrimination has no place in jury selection, continues to generate caselaw. As noted in a prior blog
Continue Reading BATSON IS BACK, WITH TEETH
This blog post is a mishmash of news and updates.
—Remote Oral Argument in Harper v. Hall (N.C. Congressional Maps Case). After a Supreme Court remand, the trial
Continue Reading Oral Argument in Congressional Map Appeal; Updated Appellate Rules Codification; WebEx for Dummies (just kidding)
I am pleased to report that the Supreme Court of North Carolina has selected Grant Buckner as its 17th Clerk of Court.
Grant is no stranger to the appellate
Continue Reading Grant Buckner: North Carolina Supreme Court’s Next Clerk of Court
Two significant announcements came out of the Fourth Circuit this week. The first was that the Court announced that in-person oral arguments will resume for the Court’s December argument calendar
Continue Reading Fourth Circuit Happenings – Back to Richmond and a New Member of the Court
In case you missed it, the Supreme Court of North Carolina issued a surprising disqualification order last week, setting up what could be a contentious internal fight within the Supreme
Continue Reading North Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of “Usurper” Lawsuit
The Appellate Judges Education Institute Summit is scheduled for November 11-14, 2021 in Austin. In light of the ongoing worries about COVID, questions arise as to whether an in-person conference
Continue Reading AJEI Update, Plus a Helpful Tip For Everyone
Last March, Pat blogged on a case pending before the Supreme Court of North Carolina in which invocation of the Rule of Necessity was a distinct possibility. Pat’s post has
Continue Reading Rule of Necessity Invoked