[CORRECTION, JANUARY 26, 2024: Attorney Benjamin Kull, who practices in Durham, pointed out to me that the penultimate paragraph of the original post, discussing searches based on the odor of marijuana, was not accurate. It has been modified. Thanks and
Latest from North Carolina Appellate Practice Blog - Page 6
Court of Appeals Has New Chief Judge
The North Carolina Court of Appeals has a new chief judge. Effective January 1, 2024, Chief Justice Newby has appointed Senior Associate Judge Chris Dillon as the new chief of the North Carolina Court of Appeals.
Judge Dillon has served
Certiorari Petitions in the Court of Appeals: From Ordinary to Extra-Ordinary
Petitions for the writ of certiorari are a fairly routine part of North Carolina appellate practice and procedure, but the Appellate Rules do not provide much guidance on what those petitions should contain. Under Rule 21(c), the only requirements for
Six New Specialists
The North Carolina State Bar has announced that six attorneys have passed the grueling examination and have been certified as Specialists in Appellate Practice. They are:
L Lamar Armstrong, III, Smithfield
Joseph Gilliam, Durham
James Kilbourne, Asheville
Michelle Ligouri, Raleigh
A Majority Court and a Dissenting Justice: A Glimpse into the Future?
The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court, this
“Fully Reviewable On Appeal”? Huh?
I’ve spent a fair amount of time over the last few months working on the examination recently administered to those seeking to become North Carolina State Bar Board Certified Specialists in Appellate Practice. During my research, I realized that
Just in Time for Halloween: Has the Specter of Viar Returned?
Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried.” Lamb’s Chapel v. Ctr.
NC Expands Role of Amici in Appeals
Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C. R. App. P. 28(i). Effective November 20, 2023, the potential
Appellate Style Guide Updated
If you handle appeals in North Carolina, you need a copy of the Style Guide. This guide is put together by the state’s Appellate Rules Committee and updated regularly.
I’ve had to handle appeals in other states, where I don’t
Law Clerk Wanted: North Carolina Court of Appeals
As you likely know, our Court of Appeals stays quite busy. That is no less true now, with the 2023-24 term in full swing. Many folks–from the clerk’s office to staff counsel to the judges themselves–help the Court stay current