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More on the Incompleteness of a Record on Appeal

Recently we blogged about how the completeness, or lack thereof, of the record on appeal can be a deciding factor in the outcome of an appeal.  See here, discussing State v. Cobb.

On Tuesday the Court of Appeals drove that point home even further, dismissing an appeal on the basis of an incomplete record.  In Columbus County Department of Social Services v. Norton, a father, proceeding pro se, appealed

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Which Orders Can Be Included In A Cross-Appeal?

One sentence of Rule 3(c) of the North Carolina Rules of Appellate Procedure provides: “If timely notice of appeal is filed and served by a party, any other party may file and serve a notice of appeal within ten days after the first notice of appeal was served on such party.”

If one party appeals from a final judgment, what can be included in the other party’s cross-notice of

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Listen To The Little Birdie: Expedited Oral Argument Now Possible In Rule 3.1 Cases

Confession. I don ‘t do Twitter.  Social media platforms like Facebook and LinkedIn already drive me semi-crazy. (How many posts do you scroll through before giving yourself permission to stop!?!? And why can’ t everything be on one platform?!?!).  Judge Richard Dietz of the North Carolina Court of Appeals, however, has me searching for my twitter password.  On Monday, Judge Dietz tweeted the following:
Tomorrow, the N.C. Court of Appeals will hold oral argument at a special session to hear a termination of parental rights case, In re A.L.H.

In the past, these cases did not get oral argument

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Who Gets the Benefit of the Doubt—the Record on Appeal or the Trial Court?

What is the Court of Appeals to do when the correctness of the trial court order being appealed turns on whether or not a certain document was presented to the trial court, but that document does not appear in the record on appeal?  That is the question that confronted the Court in State v. Cobb.  And in a split decision issued on Wednesday, the majority presumed that the record on

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That Didn’t Last Long: General Assembly Nullifies Supreme Court Opinion With Record Speed, While The Supreme Court Grapples With Error Preservation Problems.

On June 9, 2017, the Supreme Court of North Carolina issued a unanimous opinion holding that when an employer admits the compensability of an injury under the Worker’s Compensation Act, the injured worker is thereafter entitled to a presumption that future medical treatments are causally related to the original compensable injury. Before the ink could dry on Wilkes v. City of Greenville, a “broad coalition of private and public

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