As I forecasted two weeks ago, the State v. Hardaway case could present a clean opportunity for the North Carolina Court of Appeals to hold its first-ever en banc (re)hearing. Yesterday, we took a step closer to having that become a reality, as the defendant has now moved for rehearing en banc and for a
Yesterday, I posted on the State v. Hardaway case and the use of a “concurrence dubitante” by Judge Hampson to flag his concerns with the binding holding of the earlier-decided State v. Jenkins case.
Having thought a bit more about the cases, I think this dispute has as good a chance as any to lead
In 1904, North Carolina Supreme Court Justice Robert M. Douglas wrote a separate opinion in a case called Westbrooks v. Wilson, 135 N.C. 400, expressing some reservations about the majority’s opinion. He signed his opinion “Douglas, J. (dubitante),” using the Latin word for “doubting.”
No North Carolina judge has entered a “dubitante” opinion since. Until
This blog has spent a lot of ink discussing file stamps. Indeed, two Halloweens ago we devoted an entire blog post to the ghoulish topic of missing file stamps and sua sponte dismissals.
I’m happy to report that file-stamp dismissals appear to be dying down. I believe there are several reasons why.
My hope
Yesterday, the Supreme Court of North Carolina amended Appellate Rule 36(b) to conform with the General Assembly’s recent amendment to N.C. Gen. Stat. § 1-283. Both under the Appellate Rule and by statute, settling the record on appeal is an action that must be taken by a particular judicial official: the judge whose order
It’s the stuff of nightmares: you drop your notice of appeal in the mail 24 days after a summary-judgment order is entered against your client, trusting the post office will manage to get it into the clerk’s hands for filing by day 30. Then, on day 30, you find out that the clerk never received
Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by filing a dissenting opinion. N.C. Gen. Stat. § 7A-30(2) allowed the losing party to notice appeal based solely on that dissent.
That all went away
Registration is now open for the North Carolina Bar Association’s 2025 Appellate Practice Section CLE – Elevate Your Appellate Practice. This is going to be a terrific event, with a wide array of all-star speakers. Learn how to become a better appellate advocate in every facet, from writing to oral argument, while avoiding tricky procedural
This year, the North Carolina Mock Trial Program, in conjunction with the Chief Justice’s Commission on Professionalism (CJCP) and the May 20th Society, will offer the chance to learn about our State’s rich history and our court system through a statewide high school moot court competition. During the competition, students will debate the existence of
Isn’t “secure leave” wonderful? It’s the one time YOUR schedule overrides the COURT schedule. Just designate a week or two or three, at least 90 days in advance, and you are off the hook for in-court appearances.
Our appellate courts have made it increasingly easy to designate such vacation periods through the e-filing portal. And