Yesterday’s batch of opinions contained an unusual nugget: an entire opinion devoted to arguably the most powerful of all appellate tools, the writ of certiorari. In State v. Biddix,
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certiorari
Ehrenhaus Is Here To Stay
By Fox Rothschild LLP on
Yesterday the North Carolina Court of Appeals issued what I am going to be so bold as to call the most highly anticipated opinion in 2015 for appellate practitioners. For…
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Did the Business Court Modernization Act Leave Unintended Appellate Jurisdiction In the North Carolina Court of Appeals?
By Matthew Nis Leerberg on
For Business Court cases designated on or after October 1, 2014, the Business Court Modernization Act sends all appeals to the Supreme Court of North Carolina.
When Can One Court of Appeals Panel Overrule Another?
By Kip D. Nelson on
The general rule is that a decision of one panel of the Court of Appeals is binding on future panels addressing the same issue. State v. Jones, 358 N.C.
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Issues of Jurisdiction
By Kip D. Nelson on
While the substantive issues in a case are often the most interesting and the most contested, the issue of jurisdiction underlies every facet of litigation. The North Carolina Court of…
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Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not
By Beth Scherer on
The North Carolina Court of Appeals decision in Hammond v. Saini arises from a horrific set of facts. Plaintiff underwent a surgical procedure to remove a potentially cancerous growth from…
Continue Reading Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not
The Super Power of Supersedeas
By Kip D. Nelson on
The Supreme Court of North Carolina released eight opinions last week, five of which were issued per curiam. However, one of the written decisions applied one of the “extraordinary writs”…
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Can You Track Me Now? Written Notice of Appeal Required in Satellite-Based Monitoring Appeals
By Kip D. Nelson on
When doing criminal defense work, practitioners routinely give oral notice of appeal and rarely use written notices of appeal. This practice is sufficient for most cases but presents a dangerous…
Continue Reading Can You Track Me Now? Written Notice of Appeal Required in Satellite-Based Monitoring Appeals