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Tracking the Importance of Recusals in Civil Cases (Part 2)

Yesterday, we began our review of the Court’s history with recusals, looking at the years 1994 through 2005.  Today, we address the Court’s recusals between 2006 and 2017. In 2006, Justice Corrigan recused in six cases.  Justice Werdegar recused four times in civil cases, and Justice Chin recused twice.  In 2007, Justice Corrigan recused three … Continue Reading

Tracking the Importance of Recusals in Civil Cases (Part 1)

Earlier this week over at the Illinois Supreme Court Review, we reviewed the Illinois Supreme Court’s experience with recusals in civil cases.  This week, we’re addressing the same issue here at the California Supreme Court Review.  In Illinois, there’s no provision for pro tem Justices, and there must be four votes for any decision.  In … Continue Reading

How Often Has the Defense Won Certified Question Appeals?

Last week, we began our look at the California Supreme Court’s experience since 1994 in appeals which originated in certified questions from the Ninth Circuit. This week, we continue our analysis, looking at how often the defense wins such cases, how closely divided the cases tend to be, and how long they take. First, let’s … Continue Reading

What Areas of Law Do the Court’s Certified Questions Arise In?

Yesterday, we surveyed where the California Supreme Court’s certified question appeals arose.  Today, we turn to a different question: what areas of law do the Court’s certified questions arise in? We report the first third of the data in Table 258.  The Court decided one case in employment law in 2000 and one each in … Continue Reading

Where Do the California Supreme Court’s Certified Questions Come From?

This week, we begin a new study – a detailed study of the California Supreme Court’s certified questions. In Table 256, we report the year-by-year certified questions totals on the Court.  No certified questions appear among the Court’s opinions between 1994 and 1999.  The Court decided two certified question cases in 2000, three in 2001, … Continue Reading

Does the California Supreme Court Average More Questions to the Losing Side?

Yesterday, for post no. 1,000 we reviewed the academic literature on question-counting in oral arguments, and began comparing the past year, May 2016-May 2017, at the California and Illinois Supreme Courts.  Every researcher to date – including us in our study of the Illinois Supreme Court 2008-2016 – found that getting more questions than your … Continue Reading

Blog Post No. 1,000: Comparing Oral Argument in the California and Illinois Supreme Courts

Today marks the milestone of my 1,000th blog post since Appellate Strategist began publishing on February 23, 2010. I thought we’d do a first today: comparing the two Supreme Courts we study in the same post.  Specifically, since I’ve had the honor of appearing at both the California and Illinois Supreme Courts, I thought we’d … Continue Reading

Where Do the California Supreme Court’s Civil Cases Originate (Part 8)?

Today, we conclude our series on the originating jurisdictions, year-by-year, of the Court’s civil docket. In 2014, as usual, Los Angeles led, originating ten of the Court’s civil cases.  Two cases between in Alameda County and the United States District Court for the Central District of California.  One case apiece started in Riverside, Ventura, Tuolumne, … Continue Reading

Where Do the California Supreme Court’s Civil Cases Originate (Part 7)?

This week, we conclude our series of posts on the originating jurisdictions, year-by-year, of the California Supreme Court’s civil docket – not the first trial court, but the council, agency or department where the case began.  Today, we look at the years 2011 through 2013. As usual, in 2011, the Los Angeles County Superior Court … Continue Reading

Where Do the California Supreme Court’s Civil Cases Originate (Part 6)?

Today, we continue our ongoing series of posts about the originating jurisdictions of the California Supreme Court’s civil docket with the years 2009 and 2010. The data for 2009 is reported in Table 242 below.  That year, Los Angeles County originated twelve cases.  San Diego originated five.  Orange County produced four, San Francisco County three, … Continue Reading

Where Do the California Supreme Court’s Civil Cases Originate (Part 5)?

For the past two weeks, we’ve been reviewing the originating jurisdictions – not the first trial court, but the first authority, whether agency, council or board – for the California Supreme Court’s civil docket between 1994 and 2016.  Today, we’ve reached 2006. Table 239 reports the data for 2006.  The Los Angeles Superior Court originated … Continue Reading

Where Do the California Supreme Court’s Civil Cases Originate (Part 4)?

Yesterday, we continued our review of the originating jurisdiction for the California Supreme Court’s civil docket – the original agency, department, council or court.  Today, we continue our review. In 2003, thirteen cases originated in Los Angeles County.  Five began in San Francisco, three each in Santa Clara, Sacramento and San Bernardino county, and two … Continue Reading

Where Do the California Supreme Court’s Civil Cases Originate (Part 3)?

Last week, we reviewed the data on the originating jurisdictions of the California Supreme Court’s civil cases between 1995 and 1999.  This week, we review the data from 2000 through 2005. The Los Angeles Superior Court originated eighteen cases in 2000.  The court heard six cases which arose from San Francisco, three from Santa Clara … Continue Reading

Where Do the Supreme Court’s Civil Cases Originate (Part 2)?

Yesterday, we began our year-by-year review of where the Court’s civil cases have originated since 1994.  By doing so, we can see trends in the administrative and executive agencies where the Court’s cases come from.  Last time, we reviewed the data for 1994, 1995 and 1996.  Today, we’re looking at the years 1997-1999. For 1997, … Continue Reading

Where Do the Supreme Court’s Civil Cases Originate (Part 1)?

In our recent expansion of Sedgwick’s California Supreme Court database, one of the variables we added was the originating jurisdiction.  Given that the Court always has a significant number of administrative mandate cases, originating jurisdiction is a more precise measure of where the Court’s cases are coming from than solely tracking the original trial court. … Continue Reading

Are Defendants Winning Criminal Appeals More Often (Part 2 – 2006-2016)?

Yesterday, we looked at whether defendants are winning a higher fraction of appeals in criminal cases between 1994 and 2005.  Today, we’re looking at the years 2006 through 2016. In 2010, defendants won eleven criminal cases.  In 2012, defendants won ten cases.  Beginning in 2014, defendants have won more cases each year – twelve in … Continue Reading

Are Defendants Winning Criminal Appeals More Often (Part 1 – 1994-2005)?

Earlier this week, I joined “Air Talk” on KPCC radio for a discussion of the California Supreme Court’s recent criminal decisions, beginning with People v. Gutierrez, in which the Court reversed three convictions for the first time in many years based upon Batson/Wheeler (strikes from the jury pool based on minority status) error.  So I … Continue Reading

Do Winning Parties Tend to Have More Amicus Support in Criminal Cases (Part 2)?

Yesterday, we analyzed the Court’s experience with amicus briefs in criminal cases between 1994 and 2005.  Today, we’ll look at the Court’s experience with amicus briefs in criminal cases between 2006 and 2016. Winners averaged more amicus support than losing parties in criminal affirmances only about one-third of the time during this period.  In 2006, … Continue Reading

Do Winning Parties Tend to Have More Amicus Support in Criminal Cases (Part 1)?

Last week, we examined whether winning parties tended to average more amicus support in civil cases between 1994 and 2016.  This week, we look at the Court’s experience with amicus briefs in criminal cases. In Table 215, we report the data for affirmances between 1994 and 2006.  We see very little correlation between the number … Continue Reading

Do Winning Parties Tend to Have More Amicus Support in Civil Cases (Part 2)?

Yesterday, we reviewed who averaged the most amicus support in civil cases between 1994 and 2005 – winning parties, losers, or parties who won only in part.  Today, we address the data for the years 2006 through 2016. Petitioners nearly always averaged more amicus briefs when the Court reversed (i.e., winning petitioners) than when the … Continue Reading

Do Winning Parties Tend to Have More Amicus Support in Civil Cases (Part 1)?

For the past two weeks, we’ve been reviewing the data on the Supreme Court’s experience with amicus briefs, asking whether petitioners or respondents tend to average more amicus support.  Now, as a further step towards modeling the impact of amicus briefs, let’s look at whether winning or losing petitioners or respondents average more amicus support. … Continue Reading
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