Winning Appeal: In Re L.A.G.

by Mark Hayes | June 3, 2021 |

The Law Office of Mark L. Hayes recently prevailed on behalf of its client in In re L.A.G., No. COA18-283 when the Court of Appeals found the trial court’s decision to terminate reunification as a plan for mother and child … Continue reading

First Steps in an Appeal: The Transcript

by Mark Hayes | May 18, 2021 |

When appealing a lower court’s judgment, “review is solely upon the record on appeal, the verbatim transcript of proceedings, if one is designated, and any other items filed pursuant to this Rule 9.” N.C. R. App. P. 9(a). The verbatim … Continue reading

Standards of Review: Plain Error

by Mark Hayes | April 30, 2021 |

The standard of review is a legal term which guides the appellate court regarding the degree of deference it must afford the lower court’s judgment. Plain error is a standard of review which arises in criminal cases when there is … Continue reading

Winning Appeal: State v. Yates

by Mark Hayes | April 8, 2021 |

The Law Office of Mark L. Hayes recently won a new trial for his client on appeal in State v. Yates, No. COA18-158 on the grounds that the right to a meaningful appeal was denied. After a 2016 trial, the … Continue reading

First Steps in an Appeal: Notice of Appeal

by Mark Hayes | March 13, 2021 |

One of the initial steps that must be completed correctly before an appeal can truly begin is filing a notice of appeal with the correct court. Attention to both detail and procedure during this step in the appeal is of … Continue reading

Winning Appeal: State v Angram

by Mark Hayes | February 25, 2021 |

The Law Office of Mark L. Hayes recently won on appeal in State v. Angram, No. COA19-151 (N.C. Ct. App. Feb. 18, 2020), after the Court found that its client’s motion to dismiss should have been granted because the State … Continue reading

Oral Arguments During COVID – UPDATE

by Mark Hayes | February 5, 2021 |

Another winning appeal! Recently we wrote about virtual oral arguments during this unusual COVID period: Oral Argument During COVID Today, the N.C. Supreme Court issued its decision in that case. In a unanimous per curiam opinion, the N.C. Supreme Court … Continue reading

Appealing Equitable Distribution And Other Orders Related To Divorce

by Mark Hayes | February 2, 2021 |

North Carolina General Statute § 50-20 provides that a court “shall determine what is the marital property and divisible property and shall provide for an equitable distribution of the marital property and divisible property” when a couple divorcing cannot divide … Continue reading

Oral Argument During COVID

by Mark Hayes | January 14, 2021 |

Some folks are wondering how we can still have court during these trying times, given social distancing rules. Fortunately the courts have begun using Webex, a program similar to Zoom, to hold court hearings. Here’s a screen shot of my … Continue reading

Winning Appeal: Gordon v Hancock

by Mark Hayes | January 9, 2021 |

The Law Office of Mark L. Hayes had a recent success in Gordon v. Hancock, No. COA-18-712 (N.C. Ct. App. Mar. 3, 2020), resulting in the reversal of a six-figure judgment against its client. On appeal, Mr. Hayes argued that … Continue reading