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Celebrate NC Courts Videos Available on YouTube

The Court of Appeals 50th Anniversary Celebration held at the Angus Barn in October was a great success.  During the dinner, a retrospective documentary on the Court of Appeals was played to great acclaim.

Did you miss the dinner and the documentary?  Good news:  a number of videos–from the documentary, to a “year in review” video for the 50th anniversary of the Court of Appeals, to a recording of the August

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This Holiday Season, A Reminder Not To Forget The (File) Stamps

If you don’t put postage stamps on your holiday cards, they aren’t going to make it to their intended destinations. Similarly, if you don’t have a file stamp on the order you are attempting to appeal, you aren’t going to get a ruling on the merits from the appellate court.  At least that’s what the Court of Appeals held in its opinion on Tuesday in McKinney v. Duncan, involving

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Fourth Circuit to Tackle Contentious Clean Water Act Case

There ‘s a big Clean Water Act case being argued in the Fourth Circuit this week.  Here’ s the gist:  suppose you discharge pollutants into the ground, and they seep into surface waters.  Does the Clean Water Act–which only regulates discharges into surface waters–apply?

Apparently the nation’s district courts are split on this issue.  The Fourth Circuit tackles it this week in Upstate Forever v. Kinder Morgan Energy.  The Ninth Circuit is wresting with the same issue.  Circuit split, anyone?

My colleague Hayes Finley has

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Help Wanted: Office of the Appellate Defender Adding to Its Indigent Appeals Roster

Good appellate lawyers are in demand. The Appellate Defender is looking for a few good appellate attorneys to add to the Office of the Appellate Defender’s appointed appellate counsel roster.   Interested applicants can find information and the roster application here.

Good writing skills and the ability to spot issues are essential. Although criminal litigation experience is helpful, it is not required.  The Office of the Appellate Defender provides free

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The Long and Winding Road (with Apologies to the Beatles)

In the Court of Appeals’ latest batch of opinions, Beroth Oil Co. v. N.C. Department of Transportation, addressed the long-running issue of the applicability of the Map Act.  As you may have guessed, this show probably hasn’t run its course.

Beroth Oil arises out of the Map Act, which the General Assembly passed in 1987.  Under the Map Act, the Department of Transportation can file corridor maps or plats in

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Does “Affirmed” Mean “Overturned?”: The Uncertain Binding Effect of 3-3 Split Opinions from the Supreme Court of North Carolina.

When less than a full complement of Supreme Court Justices considers a case being reviewed from the Court of Appeals, the result is sometimes an even split.  These days, the tie is usually announced in a per curiam opinion that includes such language as “Because the members of the Court are equally divided as to both issues, the holding of the Court of Appeals is left undisturbed and stands

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