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Abstract

This Article will examine the history of the statutory right of appeal based upon a substantial constitutional question; highlight the interpretation and application of this provision, particularly over the past five years; provide a look at a few of the cases in which the North Carolina Supreme Court has accepted the notice of appeal ("NOA") based upon a substantial constitutional question or instead has dismissed and not retained; and propose an appropriate test for applying this provision and potential statutory amendments that will better define and more uniformly address the question of what constitutes a substantial constitutional question.

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