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Tag Archives: Constitutional challenges

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

Justice Edmunds to Face Primary After All

Mark your calendars:  Justice Edmunds, Associate Justice on our Supreme Court, will face a primary challenge after all–on June 7. Last June, the governor signed a bill that allows sitting Supreme Court Justices to participate in a retention election in lieu of a contested election.  An attorney filed suit in November, arguing that the retention election law is unconstitutional.  The case was heard before a three-judge panel in Wake County …Read More