Standards of Review: De Novo

by Mark Hayes | December 17, 2020 |

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. In North Carolina, a de novo standard of review is frequently used and is applicable … Continue reading


Standards of Review: Abuse of Discretion

by Mark Hayes | November 27, 2020 |

“The standard of review is a legal term which guides the appellate court regarding the degree of deference it must afford the trial court’s ruling.” In North Carolina, abuse of discretion is one of the standards of review frequently raised … Continue reading


Winning Appeal: State v. McDaris

by Mark Hayes | November 20, 2020 |

Winning any criminal appeal always brings a tremendous sense of accomplishment; after all, it’s no small thing to overturn a judge’s ruling or a jury’s verdict. There’s an added joy, however, in winning an appeal where the defendant was not … Continue reading


Winning Appeal: In Re K.S.

by Mark Hayes | November 7, 2020 |

The Law Office of Mark L. Hayes recently prevailed in In re K.S., No. COA18-763 (N.C. Ct. App. Feb. 19, 2019) after the Court of Appeals vacated the trial court’s order eliminating reunification as a permanent plan for its client’s … Continue reading


Appeals: Starting Strong

by Mark Hayes | October 17, 2020 |

When “Try, Try Again” Isn’t The Best Option: Appealing Correctly The First Time “If at first you don’t succeed, try, try again.” This phrase encourages us to remain steadfast in our goals when things do not go as planned, but … Continue reading


Winning Case: Brennan Station v Borovsky

by Mark Hayes | September 30, 2020 |

The Law Office of Mark L. Hayes was recently victorious on appeal in Brennan Station v. Borovsky, No. COA18-184. There, the Court of Appeals held the trial court erred in granting the opposing party’s motion for Judgment Notwithstanding The Verdict … Continue reading


Motions to Dismiss in Criminal Cases

by Mark Hayes | September 8, 2020 |

What Is A Motion to Dismiss? A motion to dismiss is a motion in which one party asks the judge to dismiss the other party’s case before it reaches the jury. In a criminal proceeding, N.C.G.S. §15A-1227 allows for a … Continue reading


Appellate Mediation

by Mark Hayes | August 15, 2020 |

An Overview of Appellate Mediation in North Carolina Mr. Hayes has participated in appellate mediation in the past and is always looking for ways to efficiently resolve matters for his clients. Appellate mediation can be an advantageous option for clients, … Continue reading


Changing Attorneys On Appeal

by Mark Hayes | August 5, 2020 |

An Appellate Attorney Provides Insight to the Dilemma of Whether To Stay With Trial Counsel Or Retain New Counsel On Appeal When appealing a case, clients are typically faced with the preliminary question of whether to retain new appellate counsel … Continue reading


Winning Appeal: In Re J.V.

by Mark Hayes | July 28, 2020 |

The Law Office of Mark L. Hayes recently prevailed in In re J.V., No. COA19-111 (N.C. Ct. App. Oct. 1, 2019), after the Court of Appeals reversed the trial court’s termination of parental rights order against its client (“Termination Order”). … Continue reading