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Appeal Expunged: State Lacks Statutory Right to Appellate Review of Expungement Order

This post was co-written by Erin Catlett, a Fox Rothschild summer associate and rising third-year law student at UNC-Chapel Hill. Join me in welcoming Erin to the fascinating world of North Carolina appellate practice and procedure. EBS Does the statutory right to appellate review of a superior court’s final judgment under N.C. Gen. Stat. § 7A-27(b)(1) apply to a criminal appeal by the State? That is the central question a divided …Read More

To Err Is Human, But to Review Is Divine—Exceptions to Preserving Error

Finally found time to blog on one of my favorite topics: exceptions and qualifications to the error preservation requirements of Appellate Rule 10! (Um, I heard those groans!).  A few weeks ago the North Carolina Supreme Court issued two new opinions shedding additional light on this semi-fascinating topic. Under the Statutory Mandate Exception to Appellate Rule 10, Trial Judges Generally are Not Required to Supervise the Conduct of “Outside” State Actors …Read More

Office of Staff Counsel Hiring–Again!

The Office of Staff Counsel at the North Carolina Court of Appeals is hiring (again). Info about salary, benefits, and a job description can be found here.  Info not revealed at the link:  what bright and enjoyable people work in the Office of Staff Counsel, which is led by Jaye Bingham-Hinch. If you know any bright and equally enjoyable attorneys that might be interested in the position, the deadline for …Read More

Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)

A few weeks ago the North Carolina Court of Appeals plowed new ground: issuing the first opinion to cite Appellate Rule 38(b) since the Appellate Rules were adopted in 1975. This long-neglected rule was the catalyst for a published decision that dismissed sua sponte a substitute party’s appeal in Weishaupt-Smith v. Town of Banner Elk. Here’s the background: American Towers first applied for a conditional use permit to construct a …Read More

Now Hiring (Part II): Special Counsel for Public Affairs & Innovation

Honestly, I’m not a headhunter in disguise.  A few days after my March 15 “Now Hiring” post, the Supreme Court posted another position: Special Counsel for Public Affairs & Innovation. Looks like the Supreme Court is looking for someone to assist the Court and the AOC in managing its relationships with the legislative branches of the government. (For the twitter-oriented, AOC is the acronym that was synonymous with North Carolina’s …Read More

Operation Rule 3.1: Supreme Court Hosts CLE

In April 2017, the General Assembly surprised appellate stakeholders by adopting legislation shifting a subclass of Rule 3.1 juvenile appeals—Termination of Parental Rights (“TPR”) appeals—to the Supreme Court’s mandatory direct appellate review jurisdiction.  The silver lining was that the General Assembly did not require an immediate shift in these cases from the Court of Appeals to the Supreme Court.  Instead, TPR cases did not start trickling into the Supreme Court …Read More

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