Back in January I blogged about how frequently, and in what types of cases, the Fourth Circuit was issuing published opinions after submission on briefs–a new phenomenon in the Circuit
Continue Reading Update on Fourth Circuit Published Opinions Without Argument
There is a school of thought in legal writing that you should never put anything too important in footnotes, as some readers might skip over them. See, e.g., https://www.legalwritingpro.com/articles/the-lowdown-on-footnotes/.
Continue Reading Always Read the Footnotes
Note: much of the information below comes from The American Lawyer’s October 23 “Daily Dicta,” by Jenna Greene.
He started as a pro se plaintiff alleging First Amendment (and other)
Continue Reading Unpublished Fourth Circuit Per Curiam Opinion Involving Pro Se Litigant Rights Moving Towards the Supreme Court on the Backs of Legal Giants
Appellate practitioners are familiar with the concept of moving to have the court publish an opinion that was initially issued as “unpublished.” Much rarer is the reverse situation, where a
Continue Reading Fourth Circuit Judge Advocates for “Unpublishing” Panel Opinion, Simultaneously Lauds and Criticizes the Court
In the published opinion of State v. Hensley, a concurring opinion was devoted to a somewhat surprising issue: a disagreement regarding the majority opinion’s citation to a single unpublished
Continue Reading Should Appellate Courts Avoid Citations To Unpublished Opinions? Depends On Who You Ask
There are myriad reasons why, when given the choice, North Carolina litigators might want a case venued in federal court as opposed to state court (and depending on the circumstance,
Continue Reading Why You Might Want to Make a Federal Case Out of Something
About a month ago, the North Carolina Court of Appeals issued an unpublished opinion that underscored the importance of compliance with Appellate Rule 9(a), which provides that appeals from the
Continue Reading No Transcript? Maybe No Appeal.
A case with a history of appellate rules issues, see here, can now add a few more to its tally. In State v. Coxton the Court of Appeals originally
Continue Reading Appellate Rule 28 and Abandonment of an Argument
The notice of appeal is arguably the most important document in the life of an appeal. After all, a proper notice of appeal “is a procedural appellate rule, required in
Continue Reading Court of Appeals Plows New Ground on Notices of Appeal
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
Continue Reading You Can’t Have One Without The Other: Court of Appeals Dismisses Notice of Appeal That Designates Interlocutory Order But Not Final Judgment