Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat?
Continue Reading Appellate Courts and Messy Kitchens
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat?
Continue Reading Appellate Courts and Messy KitchensOn Tuesday, the Fourth Circuit issued an important opinion in United States v. Canada, No. 22-4519, holding that 18 U.S.C. § 922(g)(1) (the “felon in possession” statute) is facially…
Continue Reading Fourth Circuit: Felon-in-Possession Statute Upheld under Bruen and Another ACCA Violent Felony Waves GoodbyeIf you have had a case tentatively calendared for oral argument in the Fourth Circuit recently, then you likely received a notice to submit a specific form indicating whether you…
Continue Reading No, Your Case Isn’t Special–There’s a New Fourth Circuit Form.I’m often asked by younger lawyers and law students how a person goes about becoming an appellate lawyer. It’s tricky, because most firms and organizations hoard their plum appellate opportunities…
Continue Reading Now Hiring: EDNC Appellate AUSAWhen I was a law clerk, I told my judge that I wanted to be an appellate lawyer. Her Honor informed me that there is no better way to get…
Continue Reading Appellate Job Opening at the U.S. Attorney’s Office in RaleighPresident Biden yesterday announced the nomination of current South Carolina state court Judge DeAndrea Benjamin to fill the Fourth Circuit vacancy created when Judge Floyd took senior status in recent…
Continue Reading Biden Nominates South Carolina Judge to Fourth CircuitThe EDNC Chapter of the Federal Bar Association will host a luncheon with Judge Allyson Duncan of the United States Court of Appeals for the Fourth Circuit in Raleigh on…
Continue Reading Luncheon with Judge Allyson Duncan: You Are Invited
Way back when I was a law clerk, I knew I wanted to be an appellate lawyer. I asked my Judge how to go about making that happen. She told…
Continue Reading Appellate Public Defender Needed in Charlotte
Former clerks, friends, and many others gathered at the Pavilion at the Angus Barn on Saturday to celebrate the judicial career of Allyson K. Duncan, Judge on the United States…
Continue Reading Judge Duncan Celebrated for 15 Years on the Bench, Will Take Senior Status
I’m old enough to remember the good ol’ days, specifically, 2016, when we had 17 days to file a reply brief in a federal appeal. Sometimes, you would even get…
Continue Reading Proposed Change to Federal Appellate Rules Would Provide Reply-Brief Relief