Appellate Procedure Cases
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Coverage since May 18, 2026

Appellate Procedure

North CarolinaAppellate ProcedureCriminalEvidence
North Carolina Court of Appeals
Uncategorized

State v. Moore — Cross-Examination with Prior Flee-from-Police Incident Upheld Under Rules 404(b) and 403 as Proper Impeachment

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The North Carolina Court of Appeals affirmed a DWI/fleeing-to-elude conviction, holding that the trial court did not err under Rule 404(b) when it allowed the State to cross-examine the defendant about a prior urban police encounter that contradicted his trial testimony that he “would have pulled over” if approached in the city, and that the Rule 403 determination did not rise to an abuse of discretion despite the evidence’s limited probative value and high prejudice potential.

UtahAppellate ProcedureCriminalIneffective Assistance of Counsel
Court of Appeals of Utah
Uncategorized

State v. Perez — Jurors’ Brief Hands in Voir Dire Did Not Compel For-Cause Removal; Ineffective Assistance Claim Fails

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The Utah Court of Appeals affirmed convictions for aggravated burglary and related charges, holding that trial counsel was not ineffective in declining to challenge for cause three jurors who raised their hands to leading voir dire questions and then affirmed their ability to follow jury instructions in response to the prosecutor’s follow-up.

PennsylvaniaAdministrative LawAppellate ProcedureConstitutional
Commonwealth Court of Pennsylvania
Uncategorized

Kapish v. Bureau of Driver Licensing — Ten-Year Court-Caused Delay in License Suspension Hearing Mandates Reversal Under Middaugh Due Process Test

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The Commonwealth Court of Pennsylvania reversed the denial of a license suspension appeal, holding that Court Administration’s ten-year failure to schedule a hearing — despite repeated court orders to do so — constituted an extraordinary government-caused delay that violated the licensee’s due process rights under the Middaugh framework and mandated dismissal of the suspension.

New YorkAppellate ProcedureCivil ProcedureCriminal
Appellate Division, Fourth Department
Uncategorized

Matter of Carville v. Clark — DA’s Article 78 Challenge to CPL 160.50 Unsealing Order Dismissed

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The Fourth Department dismissed a district attorney’s Article 78 petition seeking to overturn a court order barring re-presentment to a grand jury and denying unsealing under CPL 160.50(1), holding that unsealing applications are civil in nature and cannot be challenged via Article 78.

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