North Carolina Appellate Practice Blog

Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts

On Tuesday, the Fourth Circuit issued an important opinion in United States v. Canada, No. 22-4519, holding that 18 U.S.C. § 922(g)(1) (the “felon in possession” statute) is facially constitutional even after Bruen—the Supreme Court’s current framework for testing criminal statutes for compliance with the Second Amendment.

First, background. Since 2022, Bruen has required

The North Carolina Court of Appeals entered the Bruen Second Amendment debate this week with its decision in State v. Radomski.

First, a bit of background:  In its landmark New York State Rifle & Pistol Ass’n, Inc. v. Bruen decision in 2022, the U.S. Supreme Court reaffirmed its originalist, historical approach to assessing the

The North Carolina Supreme Court today agreed to review a Court of Appeals decision limiting the immunity enjoyed by healthcare professionals under a Covid-era statute.

In May 2020, the pandemic was raging. Our General Assembly leapt into action, unanimously passing the “Emergency or Disaster Treatment Protection Act.” The Act offered “broad protect[ion]” to healthcare professionals

I wrote a few days ago about some practitioners experiencing problems with overzealous spam filters catching important notices from our appellate courts. To be clear, this is a user-side issue, not a problem with the appellate courts’ software. Nevertheless, our appellate courts’ wonderful IT team has been looking at ways to mitigate these concerns.


Trigger warning:  this post may cause appellate lawyers to have nightmares.

There has been a spate of technical glitches on the user side lately that caused critical notices from the North Carolina Court of Appeals to end up in “quarantine” in counsel’s e-mail inboxes.  The emails are transmitted from the Court of Appeals to the

If you have a case pending before the North Carolina Supreme Court and haven’t yet received an oral argument notice, your case likely won’t be argued until the fall.

The North Carolina Supreme Court does not have an established formula for when it hears arguments. In past years, the Court has often held the first