N.C. R. App. P. app. E

CAPTION

Briefs should use the caption as shown in Appendix B. The title of the

document should reflect the position of the filing party both at the trial level and on

the appeal, e.g., DEFENDANT-APPELLANT’S BRIEF, PLAINTIFF-APPELLEE’S

BRIEF, or BRIEF FOR THE STATE. A brief filed in the Supreme Court in a case

decided by the Court of Appeals is captioned a “New Brief” and the position of the

filing party before the Supreme Court should be reflected,

e.g., DEFENDANT-APPELLEE’S NEW BRIEF (when the State has appealed from

the Court of Appeals in a criminal matter).

The cover page should contain only the caption of the case. Succeeding pages

should present the following items, in order.

INDEX OF THE BRIEF

Each brief should contain a topical index beginning at the top margin of the

first page following the cover, in substantially the following form:

INDEX

TABLE OF CASES AND AUTHORITIES........................................................ ii

ISSUES PRESENTED....................................................................................... 1

STATEMENT OF THE CASE........................................................................... 2

STATEMENT OF THE GROUNDS FOR APPELLATE REVIEW.................. 2

STATEMENT OF THE FACTS......................................................................... 2

ARGUMENT:

[STANDARD OF REVIEW [May be placed at either the

beginning of the discussion of each issue or under a

separate heading placed before the beginning of the

discussion of all issues] ........................................................................... 5]

I. THE TRIAL COURT COMMITTED REVERSIBLE

ERROR IN DENYING THE DEFENDANT’S MOTION TO

SUPPRESS HIS INCULPATORY STATEMENT

BECAUSE THAT STATEMENT WAS THE PRODUCT OF

AN ILLEGAL DETENTION................................................................... 6

***

IV. THE TRIAL COURT COMMITTED REVERSIBLE

ERROR IN DENYING THE DEFENDANT’S MOTION TO

SUPPRESS THE FRUITS OF A WARRANTLESS

SEARCH OF HIS APARTMENT BECAUSE THE

CONSENT GIVEN WAS THE PRODUCT OF POLICE

COERCION........................................................................................... 18

CONCLUSION................................................................................................. 22

CERTIFICATE OF SERVICE......................................................................... 23

APPENDIX:

VOIR DIRE DIRECT EXAMINATION OF [NAME] ............................App. 1–7

VOIR DIRE CROSS-EXAMINATION OF [NAME] ............................App. 8–11

VOIR DIRE DIRECT EXAMINATION OF OFFICER [NAME] ......App. 12–17

VOIR DIRE CROSS-EXAMINATION OF OFFICER [NAME] ........App. 18–20

*****

TABLE OF CASES AND AUTHORITIES

This table should begin at the top margin of the page following the index.

Page references should be made to each citation of authority, as shown in the example

below.

TABLE OF CASES AND AUTHORITIES

Dunaway v. New York, 442 U.S. 200, 99 S. Ct. 2248, 60 L. Ed. 2d 824 (1979)........ 11

State v. Perry, 298 N.C. 502, 259 S.E.2d 496 (1979)................................................. 14

State v. Reynolds, 298 N.C. 380, 259 S.E.2d 843 (1979)........................................... 12

United States v. Mendenhall, 446 U.S. 544, 100 S. Ct. 1870,

64 L. Ed. 2d 497 (1980).................................................................................... 14

4th Amendment, U.S. Constitution............................................................................. 28

14th Amendment, U.S. Constitution........................................................................... 28

N.C.G.S. § 15A-221..................................................................................................... 29

N.C.G.S. § 15A-222..................................................................................................... 28

N.C.G.S. § 15A-223..................................................................................................... 29

*****

ISSUES PRESENTED

The inside caption is on page 1 of the brief, followed by the Issues Presented.

The phrasing of the issues presented need not be identical to that set forth in the

proposed issues on appeal in the record. The appellee’s brief need not restate the

issues unless the appellee desires to present additional issues to the Court.

ISSUES PRESENTED

I. DID THE TRIAL COURT COMMIT REVERSIBLE ERROR IN

DENYING THE DEFENDANT’S MOTION TO SUPPRESS HIS

INCULPATORY STATEMENT BECAUSE THAT STATEMENT WAS

THE PRODUCT OF AN ILLEGAL DETENTION?

***

STATEMENT OF THE CASE

If the Issues Presented carry beyond page 1, the Statement of the Case should

follow them, separated by the heading. If the Issues Presented do not carry over, the

Statement of the Case should begin at the top of page 2 of the brief.

Set forth a concise chronology of the course of the proceedings in the trial court

and the route of appeal, including pertinent dates. For example:

STATEMENT OF THE CASE

The defendant, [name], was convicted of first-degree rape at the [date],

Criminal Session of the Superior Court, __________ County, the Honorable [name]

presiding, and received ___________ sentence for the __________ felony.

The defendant gave written notice of appeal in open court to the Supreme Court of

North Carolina at the time of the entry of judgment on [date]. The transcript was

ordered on [date] and was delivered to the parties on [date].

A motion to extend the time for serving and filing the record on appeal was

allowed by the Supreme Court on [date]. The record was filed and docketed in the

Supreme Court on [date].

STATEMENT OF THE GROUNDS FOR APPELLATE REVIEW

Set forth the statutory basis for permitting appellate review. For example, in

an appeal from a final judgment to the Court of Appeals, the appellant might state

that the ground for appellate review is a final judgment of the superior court under

N.C.G.S. § 7A-27(b). If the appeal is based on N.C. R. Civ. P. 54(b), the appellant

must also state that there has been a final judgment as to one or more but fewer than

all of the claims or parties and that there has been a certification by the trial court

that there is no just reason for delay. If the appeal is from an interlocutory order or

determination based on a substantial right, the appellant must present, in addition

to the statutory authorization, facts and argument showing the substantial right that

will be lost, prejudiced, or less than adequately protected absent immediate appellate

review.

STATEMENT OF THE FACTS

The facts constitute the basis of the dispute or criminal charges and the

procedural mechanics of the case if they are significant to the issues presented.

The facts should be stated objectively and concisely and should be limited to those

that are relevant to the issue or issues presented.

Do not include verbatim portions of the record or other matters of an

evidentiary nature in the statement of the facts. Summaries and record or transcript

citations should be used instead. No appendix should be compiled simply to support

the statement of the facts.

The appellee’s brief need contain no statement of the case or facts if there is no

dispute. The appellee may state additional facts where deemed necessary, or, if there

is a dispute over the facts, may restate the facts as they appear from the appellee’s

viewpoint.

ARGUMENT

Each issue will be set forth in uppercase typeface as the party’s contention,

e.g.:

I. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN

DENYING THE DEFENDANT’S MOTION TO SUPPRESS HIS

INCULPATORY STATEMENT BECAUSE THAT STATEMENT WAS

THE PRODUCT OF AN ILLEGAL DETENTION.

The standard of review for each issue presented shall be set out in accordance

with Rule 28(b)(6).

Parties should feel free to summarize, quote from, or cite to the record or

transcript during the presentation of argument. If the transcript option is selected

under Rule 9(c), the appendix to the brief may be needed, as described in Rule 28 and

below.

When statutory or regulatory materials are cited, the relevant portions should

be quoted in the body of the argument or placed in the appendix to the brief, as

required by Rule 28(d)(1)c.

CONCLUSION

State briefly and clearly the specific objective or relief sought in the appeal.

It is not necessary to restate the party’s contentions, since they are presented both in

the index and as headings to the individual arguments.

SIGNATURE AND CERTIFICATE OF SERVICE

Following the conclusion, the brief must be dated and signed, with the

attorney’s typed or printed name, mailing address, telephone number, State Bar

number, and e-mail address, all indented to the center of the page.

The Certificate of Service is then shown with a centered, uppercase heading.

The certificate itself, describing the manner of service upon the opposing party with

the complete mailing address of the party or attorney served, is followed by the date

and the signature of the person certifying the service.

APPENDIX TO THE BRIEF UNDER THE TRANSCRIPT OPTION

Rules 9(c) and 28 require additional steps to be taken in the brief to point the

Court to appropriate excerpts from the transcript considered essential to the

understanding of the arguments presented.

Counsel are encouraged to cite, narrate, and quote freely within the body of

the brief. However, if because of length a verbatim quotation is not included in the

body of the brief, that portion of the transcript and others like it shall be compiled

into an appendix to the brief to be placed at the end of the brief, following all

signatures and certificates. Counsel should not attach the entire transcript as an

appendix to support issues involving a directed verdict, sufficiency of the evidence, or

the like.

The appendix should be prepared to be clear and readable, distinctly showing

the transcript page or pages from which each passage is drawn. Counsel may

reproduce transcript pages themselves, clearly indicating those portions to which

attention is directed. The appendix should include a table of contents, showing the

items contained in the appendix and the pages in the appendix where those items

appear. The appendix shall be paginated separately from the text of the brief.

For example:

CONTENTS OF APPENDIX

VOIR DIRE DIRECT EXAMINATION OF [NAME] ............................... App. 1

VOIR DIRE CROSS-EXAMINATION OF [NAME] ................................. App. 9

VOIR DIRE DIRECT EXAMINATION OF OFFICER [NAME] ........... App. 13

VOIR DIRE CROSS-EXAMINATION OF OFFICER [NAME] ............. App. 19

*****

The appendix will be printed as submitted with the brief to which it is

appended. Therefore, clarity of image is extremely important.