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
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
In case you missed the invitation, the Appellate Practice Section is hosting a virtual event at noon next Monday so that members of the bar can get to know the new justices on the Supreme Court and new judges on the Court of...more
In its most recent set of petition rulings, the Supreme Court of North Carolina added five new cases to its discretionary docket. These cases involve:
•the scope of the North Carolina False Claims Act;
•the evidence...more
Out of a total of 24 opinions, the Supreme Court’s most recent set of opinions included nine criminal cases, three terminations of parental rights, and six direct appeals from Business Court decisions.
Of those six...more
Back in June, the Supreme Court of North Carolina sought feedback on a potential change to the citation format for North Carolina appellate court opinions. This week, the Court has officially made plans for the universal...more
The trial judge who presides over a hearing or trial is supposed to, and usually does, sign the resulting written order. But what happens if that normal process is not followed? What options do the parties have?
Last week,...more
The Supreme Court of North Carolina is exploring a proposal to adopt a universal citation format for North Carolina appellate court opinions. The format would implement sequential numbers for all opinions and a...more
Earlier this month, the Supreme Court of North Carolina published its internal “Guidebook” for citation, style, and usage.
You may recall that a few years back, a lawyer obtained a copy of and began selling the U.S....more