Tuesday, February 06, 2007, 3:32 PM

COA Refuses To Dismiss Appeal Challenged For Inadequate Assignments

In Morris v. Gray, filed today, the NC COA refused to dismiss an appeal on the basis of allegedly inadequate assignments of error. The COA noted that, contrary to appellee's arguments, COA appellants: 1) are not required to cite to supporting authority in assignments of error; 2) are specifically precluded by Rule 10(c)(1) from including argument in assignments of error; and 3) have sufficient assignments where they "direct[] the attention of the appellate court to the particular error about which the question is made, with clear and specific record or transcript references." N.C. R. App. P. 10(c)(1).


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