North Carolina recently lost another of its retired appellate judges. K. Edward Greene served on the Court of Appeals for sixteen years following eight years as a district court judge. After his retirement from the bench, he was practicing with Wyrick Robbins when he was brought down by a stroke, passing away last week.
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An extended conversation with Justice Dietz
As some of our readers may know, I write a monthly column for North Carolina Lawyers Weekly. The topics are what I’d call appellate-adjacent. But this month’s column is right in the wheelhouse of this blog’s readership.
I was privileged to have Justice Dietz sit down with me for a long interview. You can check…
Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal
When prospective Appellants face a deadline for filing a Notice of Appeal, it is imperative that they know how many days, and which days, to count.…
Better Late Than Never? Not Always
Much ink has been spilled exploring the porous jurisdictional border between the trial division and the appellate division. A recent opinion from the Court of Appeals addresses this issue again.
State v. Johnson, No. COA22-363 (filed 18 April 2023), involves a police search of a defendant accused of trafficking drugs, but the facts of…
Children Say the Darndest Things – NC Court of Appeals Resolves When a Witness Can Testify on a Child’s Coaching vs Truthfulness.
As any parent knows, children say the darndest things. The other day, during bedtime, my three-year-old niece turned to her father unprompted and said, “I don’t want you to read me a story tonight. I want you to tell me when and how Santa Claus died.”
Given their proclivity to imagination, it’s not always easy…
It’s Not Too Late to Register for the NC Appellate CLE Bonanza!
If you’re reading this blog, you’re probably interested in North Carolina Appeals. And if you’re interested in North Carolina appeals, you will really be interested in the North Carolina Appellate Practice CLE happening on Friday, March 31!
At this CLE, appellate practitioners will gather from all over the state to learn from current and former…
Chat GPT said WHAT??!!
The news these days is filled with stories about Artificial Intelligence and how it will change our lives. We’ve seen impressive examples of AI-generated stories, poems and essays composed in the voice of famous writers. Lawyers are wondering how this new tool will alter (or obliterate) our practices.
Don’t panic yet. It’s apparent that there…
Latest Information On 2023 Specialization Exam
Gentle reader, if you haven’t considered becoming a specialist in appellate practice, here is your opportunity.
Becoming a North Carolina Board Certified Specialist in Appellate Practice can be a great way to enhance your career. The application period is now open on the State Bar Member’s Portal. Applications will be accepted through May…
Appellate Rule Amendment: Service of Appellate Documents in the Trial Court Using Odyssey
On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26. New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing system to be served on opposing counsel using Odyssey’s system-wide service feature.
Amended Rule 26 will protect trial attorneys who become accustomed to using…
There’s No Appeal Without the Right to Appeal
In its opinions issued on February 21, 2023, the NC Court of Appeals focused on how appellants must preserve their right to appeal issues if they want access to the appellate courts. …