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
**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
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.
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
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.
How is that possible? The scenario is actually quite simple:
Timely Filed Notice of Appeal + Timely Date on Certificate of Service + Untimely Postmark Date
Continue Reading Timely Filed Notice of Appeal Dismissed as Untimely
While reading through the latest batch of opinions from the North Carolina Court of Appeals, I was struck (again) by how often appellate cases are not decided on the merits
Continue Reading Appellate Procedure and Preservation of Errors: They Matter!