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[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, PROMISESThe 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 JudgePetitions for the writ of certiorari are a fairly routine part of North Carolina appellate practice and procedure, but the Appellate Rules do not provide much guidance on what those…
Continue Reading Certiorari Petitions in the Court of Appeals: From Ordinary to Extra-OrdinaryThe 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 SpecialistsThe four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. …
Continue Reading A Majority Court and a Dissenting Justice: A Glimpse into the Future?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?Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad…
Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C.
Continue Reading NC Expands Role of Amici in AppealsIf 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 UpdatedAbout this Blog
To smoothly navigate the appellate path, you need the guidance and knowledge of experienced appellate practitioners.