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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

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

Business Court: Subsequently Filed Notice Of Appeal Deprives Trial Court Of Jurisdiction To Rule On Pending Rule 60(b)(6) Motion

In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a pending Civil Rule 60(b)(6) motion...more

Like The Sands Through The Hourglass: Supreme Court Revises Transcript-Related Rules

Those who have known me for any length of time know that for more than a decade I have really, really wanted the Supreme Court to give appellate practitioners clarification on how various transcript-related issues should work...more

Notices Of Appeal: Wouldn’t It Be Nice?

I. You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order- Approximately three years ago, I blogged on Majerske v. Majerske, an unpublished Court of Appeals...more

Taking Care Of Business (Part II): Supreme Court Reverses Order Dismissing Appeal Based On Purported Signatory Defect In Notice Of...

As noted yesterday, the Supreme Court has been busy. Need further proof? How about the fact that the Supreme Court considered 279 “other matters” on Friday— a category that includes rulings on various substantive motions,...more

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