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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

Winning Without Remand: Supreme Court Declares 59,900% Tax Increase Unconstitutional

Sometimes an appellant merely seeks reversal of a trial court’s decision. However, appellants should also remember that an appellate court will, on occasion, reverse a lower court and decide the case on its merits. The Supreme Court of North Carolina released an opinion last week that highlights the importance of this possibility. IMT, Inc. v. City of Lumberton was a consolidation of four cases that all challenged the constitutionality of …Read More