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The Lights Are Still On: Oral Notices of Appeals in Criminal Cases

Civil lawyers love written notices of appeal. Have you ever heard a civil attorney say, “I wish I could orally notice an appeal”? Me neither. But the criminal trial bar overwhelmingly give oral notices of appeal in state...more

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

Just in Time for Halloween: Has the Specter of Viar Returned?

Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and...more

2021 Codification Of The Appellate Rules

In the first three weeks of 2021, I have heard nothing but positive feedback about the Supreme Court’s transcript-related rules updates. In more good news, the Supreme Court’s Office of Administrative Counsel has...more

Taking Care Of Business (Part I): Rule 3.1 No-Merit Briefs Warrant (At Least Some Form Of) Appellate Review

On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions. Justice Per Curiam (who is fond of affirming/reversing “for the reasons stated in the Court of Appeals”...more

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