For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the
Continue Reading NC Supreme Court Cleans Up Rules on Dissent-Based Appeals
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the…
Continue Reading NC Supreme Court Cleans Up Rules on Dissent-Based AppealsOut of a total of 24 opinions, the Supreme Court’s most recent set of opinions included nine criminal cases, three terminations of parental rights, and six direct appeals from Business…
Continue Reading What Does It Mean When an Appellate Court Attaches Another Court’s Opinion?
Back in July, the Court of Appeals issued a published opinion in In re L.V. dismissing an appeal from an order terminating parental rights after the parent’s attorney filed…
Continue Reading The Plot Thickens: Differing Opinions on No-Merit Briefs
A dissenting opinion from the North Carolina Court of Appeals goes a long way. Unlike the procedures in many other jurisdictions, a single judge on our intermediate appellate court can…
Continue Reading What’s Behind the Sharp Rise in Dissents in the North Carolina Court of Appeals?
When reading through recent batches of opinions from the North Carolina Court of Appeals, you may notice a new feature: a statement regarding the Court’s jurisdiction. While such a statement…
Continue Reading Dram Shops, Fish, Dogs, and Opossums: Appellate Jurisdiction Edition
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.
Continue Reading When Can One Court of Appeals Panel Overrule Another?