Uncertifiable and Unrecoverable: Marines’ Claims Dismissed by 11th Circuit–Despite General Assembly’s Efforts to Save Them

In June, we blogged on how a United States Supreme Court decision interpreting a North Carolina statute of repose had created some strange bedfellows in the General Assembly–which had almost... Read More

Appellate Procedure and Preservation of Errors: They Matter!

While reading through the latest batch of opinions from the North Carolina Court of Appeals, I was struck (again) by how often appellate cases are not decided on the merits but rather on issues of appellate... Read More

Didn’t See That Coming! North Carolina Supreme Court Sua Sponte Grabs FIVE Cases From Court of Appeals

On Friday, most of the NCAPB bloggers were attending the NCBA’s annual appellate practice CLE.  However, a buzz of non-CLE chatter was excitedly circulating around the room.  Had anyone ever heard... Read More

Ehrenhaus in Application

Back in July we discussed the case of Ehrenhaus v. Baker.  Earlier this week our friend Mack Sperling wrote on his blog about the application of Ehrenhaus in recent cases.  It’s a must read for... Read More

“Mass Appeal” CLE–October 10 in Cary

The new Appellate Practice Section of the NC Bar Association will present its first annual CLE on Friday, October 10, 2014, at the Bar Center in Cary.  The CLE, titled “Mass Appeal,” will... Read More

Voters Can View “Judicial Forums” Video Series on YouTube; Voter Guide Published

Candidates for open seats on the Supreme Court of North Carolina and the North Carolina Court of Appeals sat down with UNC-TV for a series of “Judicial Forums,” which can now be viewed on... Read More

Federal Prosecutors Will Forego Inserting “Appellate Waivers” into Plea Deals

Is it fair for the government to require a criminal defendant to waive his right to appeal as part of accepting a plea agreement?  Such “appellate waivers” have become quite common over the past... Read More

Be Careful What You [Object] For

The concept of waiver is fairly straightforward and can generally be summed up by the adage “use it or lose it.” But when it comes to appellate practice, the concept can have disastrous consequences.... Read More

Appealing an Award of Attorneys’ Fees and Costs before the Court Tallies the Charges

Last summer in Duncan v. Duncan, the Supreme Court of North Carolina issued a bright-line rule explaining that a pending attorneys’ fees motion does not bar an appeal of an order that otherwise decides all... Read More

Governor appoints Rich Dietz to North Carolina Court of Appeals

In the latest court appointment news, Governor McCroy has appointed Richard “Rich” Dietz to the North Carolina Court of Appeals seat being vacated by Judge Bob N. Hunter’s... Read More

« Previous Entries

© 2014 Smith Moore Leatherwood LLP | All rights reserved.