Petition for Writ of Certiorari

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

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?

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?

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)?

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.

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.

Or does it?
Continue Reading Did the Business Court Modernization Act Leave Unintended Appellate Jurisdiction In the North Carolina Court of Appeals?