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Preserving Sentencing Errors Just Got More Confusing

In State v. Meadows, the Court of Appeals determined that sentencing errors not preserved with a timely request, objections, or motion are waived under Appellate Rule 10(a)(1).  In doing so, the Meadows court 1) declined to follow a prior line of cases holding that Appellate Rule 10(a)(1) was inapplicable to sentencing issues, 2) applied the recently created exception to the In re Civil Penalty rule [previously blogged on here],

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Judicial Primaries–Including Appellate Primaries–Have Been Eliminated

The 2018 judicial primaries–including those for open Court of Appeals and Supreme Court seats–have been eliminated.  With the senate and the house voting to override the Governor’s veto by substantial margins, Senate Bill 656, the “Electoral Freedom Act of 2017,” has become law.

The law (Session Law 2017-124) provides:
No 2018 Primary for Judicial Offices. – Notwithstanding G.S. 163-106, no party primaries shall be held for candidates seeking the following offices in

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Back To The Fold: Vacant Supreme Court Clerk Position Being Filled By Familiar Face

As recently reported, Bryan Boyd stepped down as Clerk of the Supreme Court on Friday. We will miss Bryan, but wish him all the best in his new position.  Bryan’s exit had the potential to create a gaping hole in the leadership of the Clerk’s office. The Supreme Court, however, has found an ingenious solution to its dilemma: the return of Christie Cameron Roeder.

Before retiring in June 2016,

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Consistency Is The Solution To A Gray Area (Or Is It Grey?)

Proofreading is tedious.  And no matter how many times you proofread a brief, you inevitably spot a hidden “misstate” about two seconds after you file it.  If you have read my blog posts long enough, you know that perfection is a noble, but unobtainable, goal.

However, next time someone suggests that proofing (or re-proofing) is not a valuable exercise, take a look at State v. Walker.   In what must have been the drafting fun of the day, Judge Murphy included

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Could the 2018 Appellate Judicial Primaries Be Canceled?

The Governor has vetoed** a bill that would eliminate the 2018 judicial primaries–including those for open seats on the Supreme Court and Court of Appeals.  It is not clear if the bill has sufficient support to overcome the veto.

Senate bill 656, if it becomes law, would instead allow candidates to file their notices of candidacy between June 18 and June 29, 2018, and then be listed on the

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Are These Rhetorical Questions?

Tuesday’s batch of opinions from the Court of Appeals included several helpful reminders. None of these is especially earth-shattering, but the opinions do answer some questions that may be forgotten during the rough-and-tumble process.

Do you have to file a responsive pleading after dismissal is reversed on appeal?

Yes, you do. But when you have to do so is an open question. In Swan Beach Corolla, LLC v. County

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