
Generally, you can ask a judge to change her mind, but you can’t ask her to change a different judge’s mind. For example, at the trial-court level, a judge can
Continue Reading The Panel of Theseus
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
Generally, you can ask a judge to change her mind, but you can’t ask her to change a different judge’s mind. For example, at the trial-court level, a judge can…
Continue Reading The Panel of Theseus
Desperately searching for COVID-safe CLE hours? The North Carolina Court of Appeals is offering appellate continuing legal education courses until the end of February 2021. According to the Court’s press…
Continue Reading North Carolina Court of Appeals Offers Free Appellate CLE Courses
It continues to amaze me how difficult it is for the public to access basic information about the upcoming elections for open seats on the Supreme Court of North Carolina…
Continue Reading No Appellate Judicial Primaries in 2020; Our Voter-Information Guide Is Ready
On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions. Justice Per Curiam (who is fond of affirming/reversing “for the reasons…
Continue Reading Taking Care of Business (Part I): Rule 3.1 No-Merit Briefs Warrant (At Least Some Form of) Appellate Review
At first blush, it might not seem surprising that the Court of Appeals would dismiss an appeal if “[n]o issues have been argued or preserved for review.” But what is…
Continue Reading What Type of Review Is Triggered by a “No-Merit” Brief?
Tuesday’s batch of opinions from the Court of Appeals included several helpful reminders. None of these is especially earth-shattering, but the opinions do answer some questions that may be forgotten…
Continue Reading Are These Rhetorical Questions?
Last Friday was a blockbuster appellate day for the Supreme Court of North Carolina. Not only did it effectively declare an appellate jurisdiction statute unconstitutional (see Matt’s blog post…
Continue Reading Supreme Court Reverses Court of Appeals Application of Appellate Rule 2
Last week, we wrote about a bill that was introduced in the legislature that would shrink the Court of Appeals to 12 judges while tweaking the jurisdiction of the Supreme…
Continue Reading More Jurisdictional Changes: Could Juvenile Cases Be Next?
In its final set of opinions from 2016, the North Carolina Court of Appeals provided some helpful reminders for appellate practitioners.
1. Unless some other exception applies, you may appeal…
Continue Reading A Lesson in Helping Verbs: When You May, Might, or Must Appeal
A couple of years ago, the North Carolina Supreme Court found itself with a heftier docket, thanks to new laws like the Business Court Modernization Act that sent certain appeals…
Continue Reading Bill Would Give Court of Appeals En Banc Jurisdiction and Make Appellate Races Partisan Again; Eliminate Direct Appeal To Supreme Court From Orders Declaring Law Facially Invalid
This website uses cookies to improve your experience. By continuing to browse our website you consent to our use of cookies as set forth in our Cookie Policy. Learn More