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Appellate Courts’ Application of Rule of Appellate Procedure 2 In Criminal (and Civil) Cases

In its 6 February 2018 tranche of opinions, the Court of Appeals addresses Rule 2 of the Rules of Appellate Procedure at length in State v. Campbell.  Appellate Rule 2 allows suspension of the Rules of Appellate Procedure “[t]o prevent manifest injustice to a party, or to expedite decision in public interest.”  The analysis in Campbell gives helpful guidance as to when the rule may be invoked while at

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The Labored Process of Determining Venue

Can a motion to change venue for convenience of the witnesses be filed along with an answer? The Court of Appeals said “yes” on Tuesday in a decision that helps practitioners navigate some confusing issues regarding questions of improper and inconvenient venue.

In a split decision in Stokes v. Stokes, the majority dismissed a plaintiff’s appeal from an order changing venue, while the dissent suggested that the court should

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Amy Funderburk Announced As Clerk Of Supreme Court

As we have discussed previously, the Supreme Court has been looking for a new clerk for a few months.  Christie Cameron Roeder has been serving as interim clerk, but today the Court announced that Amy Funderburk will serve as the 16th Clerk of the Supreme Court of North Carolina.  Ms. Funderburk has most recently been with the AOC and also serves as an adjunct professor at Campbell Law School.  For

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Update: Business Court Sidesteps Published Court of Appeals Opinion Affirmed “Without Precedential Value”

Last fall, Justice Edmunds analyzed the subtle policy questions presented when a Court of Appeals decision is affirmed “without precedential value” by a divided Supreme Court.  A robust discussion followed in the “comments” section.

Last Friday, Chief Judge Gale of the North Carolina Business Court weighed in on the debate in Zloop v. Parker Poe.  He concluded that the business court is not bound by Court of Appeals decisions

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Judicial Primary Update: There Won’t Be One

In the latest shift in the tug-of-war over judicial elections in North Carolina, a divided panel of the Fourth Circuit last week issued an order all but ensuring that there will be no primary election for judges in North Carolina in 2018.

The saga began last fall, when the General Assembly passed Senate Bill 656, canceling the 2018 judicial primaries.  Governor Cooper vetoed the bill, but the veto was

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U.S. Government Teaches Us “How to Write Good”

We have written before about the benefits of plain speak in appellate opinions. We have also written about the importance of consistency in brief writing.

I would like to throw one more resource into the ring, courtesy of the Plain Language Action and Information Network. If you need some (tongue-in-cheek) tips on how to improve your writing, see the organization’s 51 rules of “How to Write Good” here.

–Kip

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