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appellate court

Depositphotos.com
Aug 5, 2025

NC appeals court overturns child abuse ruling over unsigned stipulation

A North Carolina court vacated a child abuse finding, ruling the trial court wrongly relied on an unsigned stipulation the mother never approved.

May 20, 2025

Court upholds geofence warrant, avoids constitutional ruling

Fourth Circuit upholds geofence warrant use but sidesteps ruling on its constitutionality, leaving privacy concerns unresolved.

A court cannot decide whether an issue is arbitrable when a contract between two parties makes clear that the decision is to be left in the hands of an arbitrator, the 4th U.S. Circuit Court of Appeals has ruled. (Associated Press file)
Mar 25, 2025

4th Circuit: Arbitrator will resolve dispute over arbitration agreement’s scope

Where the parties’ contract delegates the arbitrability question to an arbitrator, a court possesses no power to decide the arbitrability issue, even if the court thinks that the argument that […]

The 4th U.S. Circuit Court of Appeals ruled that an applicant for naturalization could not appeal a District Court’s decision to remand the man’s application to the U.S. Citizenship and Immigration Services. (Depositphotos.com)
Oct 8, 2024

4th Circuit: Court lacks jurisdiction over remand order

Where the District Court remanded a man’s application to the United States Citizenship and Immigration Services, or USCIS, for a decision on the merits, he could not appeal that decision […]

The 4th U.S. Circuit Court of Appeals reinstated a lawsuit by a state prisoner who challenged guards’ search of him that led them to find a contraband cellphone hidden on his body. (Depositphotos.com)
Oct 1, 2024

4th Circuit: Ruling reinstates lawsuit over search

Where an inmate alleged that prison officials violated his rights by violently pulling a contraband phone out of his rectum in a prison shower, the District Court erred by granting […]

An indictment that outlines the facts of a crime that a defendant is charged with so that he or she has sufficient notice to prepare a defense is valid, the North Carolina Supreme Court has ruled.
Jul 22, 2024

Indictment valid with ‘essential elements’ of crime

The North Carolina Supreme Court ruled that an indictment is valid if it provides sufficient facts for a defendant to prepare a defense, despite technical defects.

A gurney sits in the center of the lethal injection chamber at Holman Correctional Facility in Atmore, Ala. (Associated Press file)
May 30, 2024

11th Circuit does not halt Alabama execution

MONTGOMERY, Ala. — A federal appeals court on Tuesday declined to halt the upcoming execution of an Alabama man convicted in the beating deaths of an elderly couple during a […]

Troy Shelton
May 21, 2024

The weird world of appeal stays

Though they can be complicated, appeal stays are often crucial to ensuring your client can exercise his right to appeal at all.

The North Carolina Business Court handed down a ruling Friday that stays all discovery and court-related work in the Atlantic Coast Conference's lawsuit against the school.
May 14, 2024

Stay halts ACC’s lawsuit against Florida State

CHARLOTTE — The Atlantic Coast Conference’s lawsuit against member school Florida State University came to a temporary halt last week. North Carolina Business Court Chief Judge Louis Bledsoe III handed […]


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