Normally, an appellate court will “limit appellate review to issues raised by the parties because those legal issues are joined after full adversarial briefing.” The Supreme Court of North Carolina
Continue Reading Right for Any (Raised) Reason?
State Budget Ushers In Modest Appellate Changes
Governor Stein signed a state budget into law today, triggering happy headlines about teacher pay and investments in community colleges, amidst debates over a number of other provisions. Tweaks to
Continue Reading State Budget Ushers In Modest Appellate Changes
Appellate Judges Education Institute 2026
Registration for the best national appellate CLE program is now open.
Here’s the link: https://judges.org/appellate judges edu/about-ajei. You need to be there.
The AJEI Summit will be held November
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The Right Way to Writ
Petitions for a writ of certiorari, particularly in criminal cases, are no stranger to this blog. But this week’s opinions from the Court of Appeals include a case that is
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Annual Appellate CLE: Tips from the Bench
North Carolina’s appellate lawyers enjoyed an hour chock-full of insights from Justice Dietz and Chief Judge Dillon this morning during the NCBA’s annual appellate-practice CLE. Did you miss it?
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Alternatives to Horizontal Stare Decisis
Suppose the Supreme Court of North Carolina jettisoned In re Civil Penalty—the case requiring panels of the Court of Appeals to treat earlier Court of Appeals panel opinions as
Continue Reading Alternatives to Horizontal Stare DecisisWe need to talk about… In re Civil Penalty (again)
On March 20, the Supreme Court issued an opinion in In re N.M.W., No. 159PA25, 2026 WL 796105 (N.C. Mar. 20, 2026). But as many of you know, I’m
Continue Reading We need to talk about… In re Civil Penalty (again)
Hitting the Ground Running: North Carolina Supreme Court Scheduling Oral Arguments Earlier Than You Might Expect
North Carolina appellate practitioners may want to sit down before reading this. Actually, maybe stand up—because you might need to spring into action sooner than you think.
The North Carolina
Continue Reading Hitting the Ground Running: North Carolina Supreme Court Scheduling Oral Arguments Earlier Than You Might ExpectComplicated: Premature Oral Notices of Appeal & Writs of Certiorari
Sometimes you fall headlong into a chorus you thought you knew by heart—only to discover the bridge is where all the action is. For appellate practitioners, that action seems to
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We Are One Step Closer to an En Banc Rehearing in the North Carolina Court of Appeals
As I forecasted two weeks ago, the State v. Hardaway case could present a clean opportunity for the North Carolina Court of Appeals to hold its first-ever en banc (re)hearing.
Continue Reading We Are One Step Closer to an En Banc Rehearing in the North Carolina Court of Appeals