After Dogwood, it is fairly rare that an appellate court will dismiss an appeal for rules violations. However, that reluctance does not give carte blanche to appellate practitioners, as the Court of Appeals reminded us today. In Williamson v. Williamson, the appellant relied on “bald assertions of error absent citation to any legal authority.” Furthermore, the appellant did not include transcripts from the trial court hearings, which prevented the court from “meaningful appellate review.”… Continue Reading

1) Have a right to appeal

In re P.K.M. involved a juvenile delinquency proceeding against a twelve-year-old boy who moved to suppress incriminating statements he had made to an investigating detective and a school’s resource officer. The trial court granted the motion to suppress, and the state sought to appeal. But the North Carolina Court of Appeals dismissed the appeal and explained that under the juvenile code, the state only has the right to appeal when a state statute is held unconstitutional or when an order terminates the prosecution.… Continue Reading