The North Carolina Court of Appeals has recently addressed the availability of immunity doctrines to state Magistrates. In Wynn v. Frederick and Great American Insurance Company, the Court addressed issues relating to both...more
In its recent opinion in Warren County Department of Social Services ex rel. Glenn v. Garrelts, the North Carolina Court of Appeals addressed an unusual choice of law issue. In the recitation below, for ease of reading, I...more
An intriguing by-play between judges on the North Carolina Court of Appeals recently emerged into public view in the case of State v. Calvin Lee Miller.
After shooting his wife, Miller was convicted of attempted...more
If there’s one thing we all remember from law school, it’s the old rule of common law that each dog gets one bite before the owner is on notice that the creature is dangerous. Though that rule has been refined over the years,...more
Sad news for North Carolina appellate aficionados. Dan Horne, the Clerk of the North Carolina Court of Appeals, is retiring as of June 30, 2021.
As he rides into the sunset, Dan takes with him an impressive amount of...more
The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but...more
In Pounds, et al. v. Portfolio Recovery Associates, LLC, the North Carolina Court of Appeals recently issued an opinion that may have a significant impact on collections law and arbitrability.
Defendant is an entity that...more
Matt blogged last week on Doe v. City of Charlotte, in which we were given multiple lessons in both how to and how not to handle an appeal. Authoring Judge Dietz’s pre-bench experience as an appellate practitioner shows...more
In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prevents prosecutors in criminal cases from exercising peremptory challenges to excuse...more
7/31/2020
/ Appeals ,
Batson claim ,
Burden-Shifting ,
Certiorari ,
Criminal Prosecution ,
Dissenting Opinions ,
Equal Protection ,
Fourteenth Amendment ,
Jury Selection ,
NC Supreme Court ,
SCOTUS
Last year, I blogged about State v. Ellis where a passing motorist gave a Highway Patrol trooper the middle-finger salute and was arrested for his trouble. A divided Court of Appeals allowed the defendant’s conviction to...more
In State v. Golder, 79PA18, filed 3 April 2020, the Supreme Court of North Carolina provided helpful guidance on a vexing issue relating to error preservation: Does a general motion to dismiss preserve for appellate review...more
Although the case involving North Carolina Highway Patrol Trooper Thomas Wetherington appears to invite smiles because it focuses on his uniform hat (see “Side Bar” below), in fact it addresses a formidably tough ethical...more
State v. Campbell is a case that is proving as hard to finish off as Freddy Kreuger or Wile E. Coyote. Campbell has earned its third blog entry following yet another opinion by the Supreme Court of North Carolina. And, like...more
In a recent opinion, State v. Rieger, No. COA18-960 (filed 1 October 2019), the Court of Appeals wrestled with what appears to be an issue of first impression: how to calculate court costs following a criminal...more
Not too long ago, I blogged about the Court of Appeals’ analysis and results in In re CMB. In that child custody case, the North Carolina trial court cited an inapplicable statute to assume temporary emergency jurisdiction...more
Most readers of this blog are familiar with the Appellate Judges Education Institute, an annual seminar devoted to appellate practice. Don’t be distracted by the name. AJEI has programs for appellate practitioners and staff...more
We all remember the old common law rule that every dog gets one free bite, with the bite putting the owner on notice of the dog’s anti-social tendencies. In today’s more crowded world, where both dogs and pedestrians have...more
While I can’t say I’ve seen everything, there are days when I feel like I’m getting close. Although this blog has most often looked at North Carolina or Fourth Circuit cases, we sometimes cast a wider net. Let’s consider a...more
An appellate court will usually affirm or find no error in a trial court action if the result is deemed correct, even if the trial court’s rationale isn’t. Both State and Federal courts seem to call on this doctrine with...more
I suspect that every reader of this blog nurses a fear of making a jurisdictional error that kills the client’s appeal. For North Carolina practitioners, three recent Court of Appeals cases give guidance to help alleviate...more
Chief Justice Martin has just announced his retirement from the bench. While his accomplishments are well-known, Mark (and since that’s how I’ve always known him, I won’t stop now) has always been a little formal in public...more
Last October, I blogged about the interaction between State v. Alonzo, __ N.C. App. __, 819 S.E.2d 584 (2018), and In re Civil Penalty, 324 N.C. 373, 379 S.E. 2d 30 (1989). To recap, In re Civil Penalty holds that the first...more
The Supreme Court of North Carolina just issued a fascinating but divided opinion with facts straight out of a 1940’s noir thriller. How far can a would-be wife killer go before he gets into serious trouble?
The case is...more
In the past, I have written about the annual Appellate Judges Education Institute (AJEI). The most recent was held in Atlanta last November. I write about it now not to make you heartsick that you missed it and insanely...more