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Justice Cheri Beasley Named the Next Chief Justice of the North Carolina Supreme Court

Governor Cooper has named Associate Justice Cheri Beasley to be the next Chief Justice of the North Carolina Supreme Court.   Justice Beasley will assume the post upon the retirement of Chief Justice Mark Martin at the end of this month. Justice Beasley brings experience from three judicial levels to the post:  the district court, the Court of Appeals, and the Supreme Court itself. We look forward to this next chapter …Read More

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 Cancels December Arguments

Clerk of the Supreme Court of North Carolina Amy Funderburk announced by e-mail Friday that December oral arguments in the Supreme Court will be postponed until after the new year. Such schedule changes are the norm in election years.  It is common practice for the Court not to hold oral arguments between election day and December 31 in years in which an incumbent is leaving the Court.  In 2016, for example, the Court …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

Chief Justice Calls for Renewed Respect For “Fairness, Impartiality, and Independence of the Courts”

Today, Chief Justice Mark Martin delivered his annual State of the Judiciary address at the North Carolina Bar Association annual meeting.  The impassioned address focused on the Chief’s view of what makes our American legal system “the gold standard” for the world:  adherence to the rule of law, respect for the roles of judges and lawyers in our adversarial system, tradition of respect for the constitution and the rights and …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