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Smells Like Teen Spirit

A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar. In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was filed against the juvenile, alleging possession of...more

 Here It Comes Again: AJEI 2024

I have blogged annually about the Appellate Judges Education Institute’s Summit. This year it is being held in Boston from November 14 through 17. As in prior years, it’s going to be a dilly. The program will be pure...more

Opinions Galore!

On May 7, 2024 the North Carolina Court of Appeals issued thirty-three published opinions There’s a lot to chew on here. Here’s my summary of a few of the more interesting or unusual cases. Warren v. Cielo...more

Fond Farewell to Retired Court of Appeals Chief Judge John Martin

It is with sadness that I report on the recent death of retired Chief Judge John Martin. He had been fighting cancer for several years and went down swinging. His funeral, held in Raleigh on April 25, 2024, was packed....more

Court of Appeals Has New Chief Judge

The North Carolina Court of Appeals has a new chief judge. Effective January 1, 2024, Chief Justice Newby has appointed Senior Associate Judge Chris Dillon as the new chief of the North Carolina Court of Appeals....more

“Fully Reviewable On Appeal”? Huh?

I’ve spent a fair amount of time over the last few months working on the examination recently administered to those seeking to become North Carolina State Bar Board Certified Specialists in Appellate Practice. During my...more

DO MONUMENTS HAVE STANDING?

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

Appellate Judges Education Institute 2023

Registration for AJEI’s 2023 Summit is now open. It will be held November 2-5 at the JW Marriott in the District of Columbia....more

Will Appeals Of Right Be Left?

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

The Great Dissenter: North Carolina says goodbye to Judge Eddie Greene

North Carolina recently lost another of its retired appellate judges. K. Edward Greene served on the Court of Appeals for sixteen years following eight years as a district court judge. After his retirement from the bench,...more

Better Late Than Never? Not Always

Much ink has been spilled exploring the porous jurisdictional border between the trial division and the appellate division. A recent opinion from the Court of Appeals addresses this issue again. State v. Johnson, No....more

Your Place or Mine?

Jurisdiction is a foundation of what we do as trial and appellate practitioners. While a litigant can waive lack of personal jurisdiction, lack of subject matter jurisdiction is death for a case. In its opinions issued...more

Clearing the Decks While Decking the Halls

If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more

School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)

The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeal opinion combines appellate...more

Dueling Statutes Of Limitations

A statute of limitations can end a case before it begins. But which limitations period applies? In its recent opinion in Woody v. Accuquest Hearing Center, LLC, COA21-563 (2022), the North Carolina Court of Appeals tackled...more

Another Smorgasbord Of Opinions From The Court Of Appeals

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

NO PLEA DEAL? NO PROBLEM!

In State v. Jonas, [2021-NCCOA-660; No. COA20-712 filed 7 December 2021, the Court of Appeals discussed an appellate requirement that sometimes bedevils criminal defense attorneys: preserving the right to appeal the trial...more

AJEI Update, Plus a Helpful Tip For Everyone

The Appellate Judges Education Institute Summit is scheduled for November 11-14, 2021 in Austin. In light of the ongoing worries about COVID, questions arise as to whether an in-person conference is still planned, what steps...more

Officials, Immunities, And Statutes, Oh My!

The North Carolina Court of Appeals has recently addressed the availability of immunity doctrines to state Magistrates. In Wynn v. Frederick and Great American Insurance Company, the Court addressed issues relating to both...more

The End Of The Horne Of Plenty; Dan Horne Is Retiring This Summer

Sad news for North Carolina appellate aficionados. Dan Horne, the Clerk of the North Carolina Court of Appeals, is retiring as of June 30, 2021. As he rides into the sunset, Dan takes with him an impressive amount of...more

Has The Court Of Appeals Unfriended Its Amicus?

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

Assign Of Things To Come?

In Pounds, et al. v. Portfolio Recovery Associates, LLC, the North Carolina Court of Appeals recently issued an opinion that may have a significant impact on collections law and arbitrability. Defendant is an entity that...more

Golder Applied

Matt blogged last week on Doe v. City of Charlotte, in which we were given multiple lessons in both how to and how not to handle an appeal. Authoring Judge Dietz’s pre-bench experience as an appellate practitioner shows...more

Appellate Rulings Not Argued By Any Party; Or Too Many Fingers In The Pie

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

There’s Golder In Them Thar Hills

In State v. Golder, 79PA18, filed 3 April 2020, the Supreme Court of North Carolina provided helpful guidance on a vexing issue relating to error preservation: Does a general motion to dismiss preserve for appellate review...more

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