The Fourth Circuit has extended its suspension of the Local Rule 36(a) requirement that published opinions have oral argument.  Effective immediately, Chief Judge Gregory has extended Standing Order 20-01, originally adopted on March 23, 2020, to allow for published opinions without argument in “cases assigned for pre-argument review, tentatively calendared, or calendared for argument while in-person argument sessions are suspended due to the coronavirus.”  On July 22, 2020, the Fourth Circuit had suspended in-person oral…
COVID-19 interrupted the plans of many North Carolina law students.  In-person classes (Cancelled).  Students (Sent home).  Summer internships (Postponed, shortened, or cancelled). In the midst of these upheavals, the Court of Appeals showed aspiring advocates how to turn lemons into lemonade.  Judges Richard Dietz and Phil Berger, Jr. created a five-week, no-cost, online seminar for law students.  The topic?  North Carolina appellate practice and procedure.  The series consisted of interactive lectures, small group break-outs, and…
A lot of mistakes can be fixed, but those depriving an appellate court of jurisdiction are not usually among them.  Unless the appellate court deems the appeal to raise issues of great importance and to present a compelling case for reversal, jurisdictional errors are usually fatal. Those exceptions are rare.  But this week, a panel of the North Carolina Court of Appeals found Doe v. City of Charlotte to be just such a case. In…