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,  
Continue Reading The Writ of Certiorari—A Somewhat Less Powerful Tool?

Ignore that Rule of Appellate Procedure!  How often do you hear me say that?  I would wager not often, but the Court of Appeals’ recent opinion in Magazian v. Creagh
Continue Reading Notice of Appeal Perils: Further Proof that You Should Ignore Appellate Rule 3(c)(2)

Jerry Hartzell recently published an article in the April 2014 issue of the North Carolina Advocates for Justice’s Trial Briefs. The article is entitled “Probability of Success on


Continue Reading By The Numbers: Likelihood of Reversal in the Fourth Circuit and the North Carolina Court of Appeals