When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days. But leave the front
Continue Reading Southern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”error preservation
Clash of the Titans: When Waiver and Subject-Matter Jurisdiction Collide
So much of the law is geared towards addressing what happens when two black-letter principles apply simultaneously but point to different outcomes.
The Court of Appeals had to resolve just…
Continue Reading Clash of the Titans: When Waiver and Subject-Matter Jurisdiction CollideSupreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review
In October 2018, I gave a CLE presentations with (now recently sworn in) Judge Allegra Collins: “Life Preservers on the Titanic: Issues Not Properly Preserved for Appellate Review.” Part…
Continue Reading Supreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review
Supreme Court Reverses Court of Appeals Application of Appellate Rule 2
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
Videotaped Depositions Played at Trial–What Could Possibly Go Wrong?
If you have never had to deal with an appellate trial transcript that is missing deposition testimony, consider yourself lucky. When deposition testimony is being read or a video deposition…
Continue Reading Videotaped Depositions Played at Trial–What Could Possibly Go Wrong?