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NC Supreme Court Appellate Courts North Carolina

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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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Christmas in September: New Features Added to North Carolina’s Appellate Filing Website

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The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org. The filing site has long allowed attorneys and the...more

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Some Calendar Notices from North Carolina’s Appellate Courts Are Not Getting Through

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Trigger warning: this post may cause appellate lawyers to have nightmares. There has been a spate of technical glitches lately that caused critical notices from the North Carolina Court of Appeals to end up in “quarantine”...more

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No, Your Case Isn’t Special–There’s a New Fourth Circuit Form.

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If you have had a case tentatively calendared for oral argument in the Fourth Circuit recently, then you likely received a notice to submit a specific form indicating whether you are aware of any cases currently pending in...more

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NC Expands Role of Amici in Appeals

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Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C. R. App. P....more

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Supreme Court Offers Appellate Advice for Unrepresented Litigants

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The Supreme Court of North Carolina gets a lot of questions and filings from unrepresented litigants. Often, those folks are in the wrong court (they should be in the Court of Appeals). Other times, they’re in the right...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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DO MONUMENTS HAVE STANDING?

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Over the last few years, Confederate monuments in many North Carolina towns and cities have been objects of controversy. As one who parked for eighteen years in the shadow of the towering and now-departed Confederate...more

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Will Appeals Of Right Be Left?

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With little notice or fanfare, the latest North Carolina Senate budget bill stands poised to make a significant change in North Carolina appellate practice. Currently there are several routes to the Supreme Court of North...more

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Another Smorgasbord Of Opinions From The Court Of Appeals

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On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more

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Oral Argument in Congressional Map Appeal; Updated Appellate Rules Codification; WebEx for Dummies (just kidding)

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This blog post is a mishmash of news and updates. —Remote Oral Argument in Harper v. Hall (N.C. Congressional Maps Case). After a Supreme Court remand, the trial court entered an order upholding North Carolina’s...more

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Grant Buckner: North Carolina Supreme Court’s Next Clerk of Court

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I am pleased to report that the Supreme Court of North Carolina has selected Grant Buckner as its 17th Clerk of Court. Grant is no stranger to the appellate courts. Early on in his career, he clerked for Judge (and later...more

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Has The Court Of Appeals Unfriended Its Amicus?

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The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but...more

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Big Transitions On The Horizon For North Carolina’s Appellate Courts

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Over the weekend, the last undecided race for North Carolina’s appellate courts was resolved when Chief Justice Cheri Beasley conceded the race to Senior Associate—and Chief Justice-Elect—Paul Newby. The race was...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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Appellate Rulings Not Argued By Any Party; Or Too Many Fingers In The Pie

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Last year, I blogged about State v. Ellis where a passing motorist gave a Highway Patrol trooper the middle-finger salute and was arrested for his trouble. A divided Court of Appeals allowed the defendant’s conviction to...more

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