Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive
Continue Reading Fast Talk: Compressed Oral Arguments in N.C. Court of Appeals
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 2024
So much of the law is geared towards addressing what happens when two black-letter principles apply simultaneously but point to different outcomes.
The Court of Appeals had to resolve just
Continue Reading Clash of the Titans: When Waiver and Subject-Matter Jurisdiction Collide
Can an appellee say that the lower court got it wrong? If so, when?
In many appeals, the alignment of interests is clear: the appellant is the party who disagrees
Continue Reading What’s in a Name? Court of Appeals Strikes an “Appellee” Brief
On Tuesday, the Fourth Circuit issued an important opinion in United States v. Canada, No. 22-4519, holding that 18 U.S.C. § 922(g)(1) (the “felon in possession” statute) is facially
Continue Reading Fourth Circuit: Felon-in-Possession Statute Upheld under Bruen and Another ACCA Violent Felony Waves Goodbye
The North Carolina Court of Appeals entered the Bruen Second Amendment debate this week with its decision in State v. Radomski.
First, a bit of background: In its
Continue Reading North Carolina Court of Appeals Strikes Down Gun Law Under Bruen and Second Amendment
The North Carolina Supreme Court today agreed to review a Court of Appeals decision limiting the immunity enjoyed by healthcare professionals under a Covid-era statute.
In May 2020, the pandemic
Continue Reading Petition Alert: NC Supreme Court to Examine Scope of Immunity for Covid-Era Healthcare
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!
It is with sadness that I report on the recent death of retired Chief Judge John Martin. He had been fighting cancer for several years and went down swinging. His
Continue Reading Fond Farewell to Retired Court of Appeals Chief Judge John Martin
I wrote a few days ago about some practitioners experiencing problems with overzealous spam filters catching important notices from our appellate courts. To be clear, this is a user-side issue
Continue Reading Helpful Changes to NC Appellate E-filing Site: “Upcoming Oral Arguments” Banner