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En Banc Rehearing in the North Carolina Court of Appeals: A Petition for Panel Rehearing in Disguise?

Long-time readers of this blog may remember the fun I’ve had finding photos reflecting the ups and downs of en banc rehearing in the Court of Appeals. The General Assembly first authorized en banc review in 2016, with the...more

Appellate Ping-Pong: General Assembly Sends Termination Of Parental Rights Cases Back To Court Of Appeals

In April 2017, the General Assembly moved primary (i.e., initial) appellate jurisdiction in termination of parental rights appeals from the Court of Appeals to the Supreme Court. That change (which went into effect in...more

Operation Rule 3.1: Supreme Court Hosts CLE

In April 2017, the General Assembly surprised appellate stakeholders by adopting legislation shifting a subclass of Rule 3.1 juvenile appeals—Termination of Parental Rights (“TPR”) appeals—to the Supreme Court’s mandatory...more

Supreme 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 of the presentation posed this...more

1/3/2019  /  Appeals , General Assembly , Sentencing
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