A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed an automatic right of appeal to the Supreme Court of...more
When you hear about an appellate decision, what comes to mind? Typically, I think of a formal “opinion”—at least when the appeal has been briefed on the merits. And historically, I have thought of an “order” as a short...more
There was a time when I thought of a writ of prohibition as a mythical creature that only exists in fairy tales. As it turns out, the writ does exist. And in a decision on the writ that was entered this week, the Court of...more
If there is no binding precedent on point, where does the Supreme Court of North Carolina look for guidance? Which are more persuasive: federal court opinions or North Carolina Court of Appeals opinions? Does the answer to...more