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Tag Archives: error preservation

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 Reverses Court of Appeals Application of Appellate Rule 2

Last Friday was a blockbuster appellate day for the Supreme Court of North Carolina. Not only did it effectively declare an appellate jurisdiction statute unconstitutional (see Matt’s blog post), but Justice Newby authored a concurring opinion inspired by “It’s a Wonderful Life.”  (“Was Old Man Potter simply morally corrupt or was he also guilty of a crime?”). For North Carolina’s appellate defenders, however, Friday was not a wonderful day. Out of 11 …Read More

Videotaped Depositions Played at Trial–What Could Possibly Go Wrong?

If you have never had to deal with an appellate trial transcript that is missing deposition testimony, consider yourself lucky.  When deposition testimony is being read or a video deposition is being shown to a jury or trial judge, court reporters often see no need to “re-transcribe.”  The theory is that since the deposition testimony was previously recorded, there is no need for a contemporaneous transcription of the testimony’s presentation at trial. However, more often than …Read More