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Appellate Courts › Dissenting Opinions › NC Supreme Court

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Are North Carolina Court of Appeals Judges Dissenting Less?

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Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by filing a dissenting opinion. N.C. Gen. Stat. § 7A-30(2) allowed...more

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Wednesday Returns: Court of Appeals Changes Release Schedule for New Opinions

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You can hit your snooze button a little later on Tuesdays. Effective January 1, 2025, the Court of Appeals’ scheduled filing days for opinions will be the first and third Wednesday of the month, Since the Court will be...more

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Does a Dissenting Opinion Control the Supreme Court?

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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

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When an appeal becomes moot, should the lower court opinion be vacated?

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In a short order issued last week, the North Carolina Supreme Court narrowly voted to vacate a Court of Appeals’ opinion in connection with dismissing an appeal on mootness grounds. Well, I said that the order was short, but...more

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Supreme Court Upholds Constitutionality Of Another Error Preservation Statute

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Under Appellate Rule 10, the general rule is that appellate courts only decide issues properly raised, argued, and decided in the trial tribunal. But exceptions to this general rule exist for issues considered so fundamental...more

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The Art Of Persuasion: The Supreme Court Disputes Where To Look

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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

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When It Comes To Appeals As Of Right To The Supreme Court Of North Carolina, Not All Dissents Are The Same

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North Carolina General Statute § 7A-30(2) allows for an appeal as of right to the Supreme Court of North Carolina from “any decision of the Court of Appeals rendered in a case…in which there is a dissent.” Seems pretty...more

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