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Tag Archives: North Carolina Court of Appeals

A Tale of Two Courts: Settling In After a Season of Change

Students of history will remember a bygone era known as late 2018, when Mark Martin was Chief Justice of the North Carolina Supreme Court, the median judge on the shrinking Court of Appeals was elected in 2012, and your parents had purchased enough CDs to elevate the quaint twangs of Bebe Rexha & Florida Georgia Line to the top of the country music charts. In just a few short months, …Read More

Can an Appellate Judge’s Vote Count After Death or Retirement?

Suppose an appellate judge casts the deciding vote in a case, creating a majority in support of the lead opinion.  Before the opinion is released, however, the judge retires or dies.  Does his or her vote still count? In federal court, no.  In a North Carolina appellate court, yes. In Yovino v. Rizo, issued today, the United States Supreme Court considered this question for the first time.  In this Equal …Read More

The Court of Appeals Might Not Shrink After All

After two years of uncertainty about the future of the Court of Appeals, there appears to have been a breakthrough.  Yesterday, a bill was introduced by Republicans in the North Carolina Senate that would preserve the size of the Court of Appeals at 15 members.  If the bill becomes law–and I expect it will–the drama surrounding the court shrinkage may end as abruptly as it began. In April 2017, House Bill 239 …Read More

Court of Appeals Takes Baby Steps Toward Paperless Future

Look around your office. There’s paper everywhere, right? Your office is a fire hazard. How can you fix that problem? You should take two steps: (1) throw all that stuff away; and (2) don’t fill the resulting void with more paper. The North Carolina Court of Appeals is embarking on a little housekeeping itself. Let’s check in on how that’s going. Step 1: Throw all that stuff away Yesterday, you …Read More

Appellate Social & CLE–Sept. 27 and 28

It’s fall, and you know what that means.  Football!  Oops, I mean, The Annual NCBA Appellate Section CLE! There are lots of ways to get plugged in to the appellate community this week: Appellate Social.  Bench and bar alike are invited to mingle at Raleigh Times from 5pm to 7pm tomorrow, Thursday, September 27.   Share your favorite functus officio story over a cold beverage; make new friends and reconnect with …Read More

Questions About N.C. Appellate Elections? Check Out Our Voter-Information Guide

It is amazing to me how difficult it is for the public to access basic information about the upcoming elections for open seats on the Supreme Court of North Carolina and the Court of Appeals.  Legal challenges find their way into the press, but the fundamentals–which seats are open, why those seats are open, who is running, why voters should care–get little coverage. So, we have prepared a user-friendly voter-information guide …Read More

Appellate Candidates Forum–August 16 in Raleigh

Most election years, the candidates for open seats on the Supreme Court of North Carolina and Court of Appeals participate in a lively forum at the Bar Association’s annual meeting.  It didn’t happen this year, in part because the filing period did not close until after the annual meeting. Fear not, though.  The Wake Women Attorneys have managed to get nearly all of the candidates together for a discussion next week …Read More

Could North Carolina Finally Adopt Federal Standing Requirements?

It has long been harder for a plaintiff to show standing in federal court than in North Carolina’s state courts. A juicy 2-1 decision from the North Carolina Court of Appeals—yielding an automatic right of appeal to our Supreme Court—could finally change that. See Comm. to Elect Dan Forest v. Emps. Political Action Comm. (“EMPAC”). Federal Courts Take a Stand Throughout the latter part of the twentieth century, the U.S. …Read More

Business Court Dismisses Appeal for Naming the Wrong Appellate Court

Except for appeals in really old cases, appeals from a final judgment entered by a Business Court judge are properly taken to the Supreme Court of North Carolina, not the Court of Appeals. So what happens when a party files a notice of appeal in a Business Court case that mistakenly names the Court of Appeals as the court to which appeal is taken? The Business Court held this week in Zloop, …Read More

Appellate Social. April 12. Whiskey Kitchen. Be There.

Just in time for spring, it’s the NCBA Appellate Practice Section’s spring social!  Thanks to a great line up of sponsors, we have a fantastic event in store. Not a member of the Appellate Practice Section?  It’s never too late to join our fine group.  Click here, or call (919) 677-0561 and ask for the membership department. Here are the details for the social: WHEN | Thursday | April 12 …Read More