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Looking for love in all the wrong places

An appellate court will usually affirm or find no error in a trial court action if the result is deemed correct, even if the trial court’s rationale isn’t.  Both State and Federal courts seem to call on this doctrine with some frequency.  Here are just a few of the many similar opinions I found in a cursory search: Perry v. Commonwealth, 280 Va. 372 (2010) (Virginia Supreme Court), U.S.

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Supreme Court Publishes Up-to-Date Codification of General Rules of Practice

The Supreme Court’s Office of Administrative Counsel has published an up-to-date set of the General Rules of Practice for the Superior and District Courts of North Carolina.  This is the first codification of the Rules since the promulgation of the rule set in 1970.  The Court has adopted many amendments to the rules that differ in form and style from the original, and so in order to improve readability

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Fourth Circuit Explains the Scope of “Collateral Order Doctrine”

The federal corollary to the oft-blogged about “substantial right doctrine” in the North Carolina appellate courts is the “collateral order doctrine.”   As is the case under North Carolina law, the jurisdiction of the United States Circuit Courts of Appeals is generally limited to final decisions of the district court.  Therefore,  a federal appellate court ordinarily cannot review interlocutory orders.  But, as in North Carolina, there are exceptions.  One of these exceptions

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Supreme Court Now Welcomes Amicus Filings at the Petition Stage

It’s been a hot topic for years: does the North Carolina Supreme Court want to hear from amici when the Court is weighing whether to allow discretionary review of a decision of the Court of Appeals?

You can see why amicus participation would be helpful. In North Carolina, one statutory pathway to discretionary review is showing that “the subject matter of the appeal has significant public interest.” N.C. Gen.

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Petition Allowed: The Beasley Court Adds Its First Discretionary Cases

The Supreme Court released a batch of orders today, denying review in many cases (as usual) but also granting review in six cases. These six grants—the first from the new Beasley Court—cover issues ranging from federal immigration enforcement by local law enforcement agencies to defamation and Batson challenges.

First up are the habeas petitions of two immigrants detained by the sheriff of Mecklenburg County. In Chavez v. Carmichael, the

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