In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered. But in North Carolina, a major statutory exception to the general
Continue Reading “So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine
The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org.
The filing site has long allowed attorneys
Continue Reading Christmas in September: New Features Added to North Carolina’s Appellate Filing Website
It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the
Continue Reading We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count Limit
A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed
Continue Reading Does a Dissenting Opinion Control the Supreme Court?
When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days. But leave the front
Continue Reading Southern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”
There is no shortage of CLE offerings, but we wanted to bring one to your attention: a virtual presentation on September 24, 2024. The program offers 8 credit hours
Continue Reading Upcoming CLE with Law School Deans
A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar. In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was filed against the juvenile, alleging possession of marijuana with intent to sell and deliver, and carrying a concealed weapon. The juvenile filed a motion to suppress, arguing that the search of his car was unconstitutional.
Continue Reading Smells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?
Morgan’s prior blog post on State v. McLean started the wheels turning on a topic I find fascinating: oral notices of appeal.
Civil lawyers love written notices of appeal. Have
Continue Reading The Lights Are Still On: Oral Notices of Appeals in Criminal Cases
Big news out of the Court of Appeals for criminal practitioners. In State v. McLean, the Court of Appeals addressed a notice of appeal that was given orally the
Continue Reading At Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal Cases