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Now Hiring: Supreme Court of North Carolina

The Supreme Court of North Carolina currently is hiring for 6 positions—five of which require a J.D. The positions are: General Counsel & Chief of Staff to the Chief Justice Administrative Counsel to the Chief Justice Research Assistant II (2 separate positions) Supreme Court Staff Attorney Executive Assistant III All of these positions will report directly to Chief Justice Beasley. The application period closes on Monday for three of the …Read More

Judge Mark Davis Elevated to the North Carolina Supreme Court

On Monday, Governor Roy Cooper appointed Judge Mark Davis to the Associate Justice seat recently vacated by now-Chief Justice Beasley. Soon-to-be Justice Davis has served on the North Carolina Court of Appeals since 2012. Ironically, Judge Davis’s appointment to the Court of Appeals in 2012 was to fill the vacant seat created by then-Judge Beasley’s elevation to the Supreme Court. Before serving on the Court of Appeals, Judge Davis served …Read More

Non-Jurisdictional Violations Lead to Dismissal of Appeal—with a Dissent

Post-Dogwood, cases in which appeals are dismissed for non-jurisdictional rules violations are rare.  Last Tuesday, the Court of Appeals issued an opinion that bucked that trend—along with a dissent. In Ramsey v. Ramsey, the appellant (Mr. Ramsey) timely appealed from a trial court order holding him in civil contempt and requiring him to pay damages and attorneys’ fees. Non-Jurisdictional Violations That Led the Majority to Dismiss the Appeal The Court …Read More

Appellate Rules Amendments Bring Modifications to E-filing System

You already know that the Supreme Court adopted numerous amendments to the Rules of Appellate Procedure at the end of 2018. However, some of the most significant changes are occurring behind the scenes at the appellate courts’ electronic filing website (https://www.ncappellatecourts.org) I.  Court of Appeals Continues to Lift E-filing Restrictions For years, the electronic filing website categorically prohibited e-filing appellate records in the Court of Appeals.  As of January, many of …Read More

Now Hiring: Office of Staff Counsel at the North Carolina Court of Appeals

The Office of Staff Counsel at the North Carolina Court of Appeals is hiring. You will find hard info about salary, benefits, and a job description here. Soft info not revealed by the link is what bright and enjoyable people work in the Office of Staff Counsel, including its Director (and experienced appellate attorney), Jaye Bingham-Hinch. If you know any bright and enjoyable attorneys that might be interested in the position, the deadline for applying is January 27. -Beth Scherer  

Fire Sale: Goldenrod Yellow Paper

Practitioners: Say goodbye to goldenrod printed records (and COA briefs with colorful covers).   As I previously predicted, both appellate clerks will no longer be mailing printed records to the parties.   In the Court of Appeals, the previously titled “Notice of Mailing of the Printed Record” has been transformed into a “Notice of Filing of the Record on Appeal.” This new notice discloses (1) that the parties will no longer be receiving the printed record by mail, (2) that the appellant …Read More

Up-To-Date Set of Appellate Rules Released

Did you enjoy opening and comparing three different Supreme Court orders to determine the most current version of a particular Appellate Rule? For those twisted few who did, your joy is gone. The Supreme Court’s Office of Adminstrative Counsel recently released a PDF codifying the current Appellate Rules  (including the January 1, 2019 amendments) in a single, easy to navigate document. Want to view the 2019 redline order summarized in this blog post?  No problem.  A table at the end of …Read More

Supreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review

In October 2018, I gave a CLE presentations with (now recently sworn in) Judge Allegra Collins: “Life Preservers on the Titanic: Issues Not Properly Preserved for Appellate Review.”  Part of the presentation posed this question: Can the General Assembly enact a rule or law that automatically preserves certain issues for appellate review?  At the time, the answer to that question was as follows: Yes.  See Duke Power Co. v. Winebarger, …Read More

Supreme Court Issues Order Amending the North Carolina Rules of Appellate Procedure: 2018 Holiday Edition

It is beginning to feel like a bi-annual holiday tradition between me and our blog readers: another rule-update summary.  Yesterday afternoon, the Supreme Court issued its latest order amending the North Carolina Rules of Appellate Procedure.  The amendments impact Appellate Rules 3, 3.1, 4, 9, 11, 12, 13, 18, 26, 28, 30, 37, 41, brand new Appellate Rule 42, as well as Appendixes A, B, and D (whew)! Based on …Read More

No-Merit Briefs, the Pro Bono Program, and En Banc Review

On Tuesday, the Court of Appeals issued its latest batch of opinions. Good news: the impending turkey feast has not slowed the court’s pace in grappling with interesting appellate issues.  Bad news: still no real resolution for most of them. Rule 3.1 No-Merit Briefs: A Middle Ground? In July and October, Kip wrote about the evolving disagreement in the Court of Appeals as to what type of appellate review is …Read More