Petitions for a writ of certiorari, particularly in criminal cases, are no stranger to this blog. But this week’s opinions from the Court of Appeals include a case that is
Continue Reading The Right Way to Writ
Court of Appeals Saves Appellant From Post Office Predicament
It’s the stuff of nightmares: you drop your notice of appeal in the mail 24 days after a summary-judgment order is entered against your client, trusting the post office will
Continue Reading Court of Appeals Saves Appellant From Post Office Predicament
At Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal Cases
Big news out of the Court of Appeals for criminal practitioners. In State v. McLean, the Court of Appeals addressed a notice of appeal that was given orally the
Continue Reading At Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal Cases
Business Court Again Urges Immediate Review by Supreme Court
**Update: Defendant CHS has filed a petition for writ of certiorari, here.**
Last year, something unusual happened in a business court case. In the course of denying summary judgment
Continue Reading Business Court Again Urges Immediate Review by Supreme Court
Should Supreme Court Allow Immediate Appeal from Business Court Orders Turning on Debatable Controlling Issues of Law?
Our state appellate system allows for appeals from final judgments, appeals from interlocutory orders that affect a substantial right, and appeals from orders that are final as to
Continue Reading Should Supreme Court Allow Immediate Appeal from Business Court Orders Turning on Debatable Controlling Issues of Law?
Is An Appeal “To Superior Court in the Nature of Certiorari” an Appeal, an Action, or Both?
When a local board of adjustment makes an adverse land-use decision on a landowner’s application for a conditional use permit or a variance, a special statute kicks in to dictate
Continue Reading Is An Appeal “To Superior Court in the Nature of Certiorari” an Appeal, an Action, or Both?
The Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?
Sometimes the juiciest info is found in the comments. In October, I blogged about State v. Biddix—a Court of Appeals’ opinion that appeared to significantly limit the Court of
Continue Reading The Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?
A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
Over the past few months, we have shared several potential problems created by the Business Court Modernization Act. Nonetheless, we held a few potential traps close to our vest because,
Continue Reading A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
Ehrenhaus Is Here To Stay
Yesterday the North Carolina Court of Appeals issued what I am going to be so bold as to call the most highly anticipated opinion in 2015 for appellate practitioners. For
Continue Reading Ehrenhaus Is Here To Stay
Did the Business Court Modernization Act Leave Unintended Appellate Jurisdiction In the North Carolina Court of Appeals?
For Business Court cases designated on or after October 1, 2014, the Business Court Modernization Act sends all appeals to the Supreme Court of North Carolina.