How Has the Court Decided Cases Involving the Elements of Violent Crimes Since 1991?

Last time, we took a close look at the workers compensation cases the Court has decided since 1991.  Now let’s turn our attention to the criminal docket – specifically, the Court’s decisions involving the elements of violent crimes.  The Court’s cases have been almost equally distributed by winner below – 49.47% of the Court’s cases were won by the prosecution below.  Of course, the reversal rates differ radically – the Court has reversed only 27.66% of prosecution wins it’s heard, but has reversed 81.25% of the defendants’ wins.

First, we address the prosecution wins affirmed by the Court.  The Court affirmed once in 1991, twice in 1994, once in 1995, twice in 1996, once in 1997 and 1998, seven times in 2000, twice in 2001, once in 2002, twice in 2003 and 2004, once in 2005, four times in 2007, once in 2011 and 2012, three times in 2014 and once each in 2016 and 2017.

The Court reversed no prosecution wins in violent crimes cases from 1991 to 1997.  The Court reversed once in 1998, 2000 and 2005, twice in 2007 and 2009, once in 2010, 2011 and 2012, and three times in 2017.

Affirmances of defense wins have been few and far between – one per year in 1994, 1996, 1997, 2000, 2005, 2012, 2013, 2014 and 2016.

The Court reversed three defendants’ wins in 1992, one in 1993, 1994, 1996 and 1997, three more in 1999, one in 2000, three in 2001, two in 2002, one in 2003, two in 2004, one in 2005, three in 2006, two in 2007 and one in 2008.  The Court reversed five defendants’ wins in 2009, one in 2010, two in 2012, four in 2013 and one in 2014.

For the entire period, the Court has reversed in 57.89% of its cases involving the elements of violent crimes.  The Court reversed in six of ten cases between 1991 and 1995, 40.91% of its cases between 1996 and 2000 and 52.63% of its cases between 2001 and 2005.  Between 2006 and 2010, the Court reversed in 85.71% of its violent crime cases.  Since 2010, the Court has reversed in 52.17% of its cases.

Join us back here later this week as we turn our attention to another two areas of the Court’s docket.

Image courtesy of Flickr by Dawn Ellner (no changes).

 

How Has the Court Decided Workers Compensation Cases Since 1991?

Last time, we began our review of the Court’s workers compensation cases on the civil side, and cases involving the elements of violent crimes on the criminal side.  In the next two posts, we’re taking a closer look at those two areas of law.  Since 1991, the Court has heard slightly more employer wins from the Court of Appeal – 54.29% of the total – than employee wins.  The Court has reversed 52.63% of the employer wins it’s heard, but has reversed 62.5% of the employee wins.

Looking at the yearly data, we see one employer win affirmed in 1993, one in 1995, two in 1998, two in 2001, one in 2003 and 2005 and one in 2015.

The Court reversed two employer wins in 1992, one in 19903, one in 1999 and 2000, two in 2001, one in 2007, 2008 and 2015.

The Court affirmed one employee win per year in workers compensation cases in 1991, 1993, 1997, 2001, 2007 and 2013.

The Court reversed one plaintiffs’ win in 1991, two in 1993, one per year in 1996, 1997, 1998, 2000, 2001, 2009 and 2011.

Since 1991, the Court’s reversal rate in workers compensation cases in 60%, slightly above the average in civil cases.  Between 1991 and 1995, the Court’s reversal rate in workers compensation cases was 60%.  Between 1996 and 2000, the Court reversed in two-thirds.  From 2001 to 2005, the Court reversed in four of eight workers compensation cases.  From 2006 to 2010, the Court reversed in three of four.  Since 2010, the Court has reversed in two of four cases.

Join us back here next time as we take a closer look at the Court’s cases involving the elements of violent crimes.

Image courtesy of Flickr by Damian Gadal (no changes).

How Many Cases Involving the Elements of Violent Crimes Has the Court Decided a Year?

Yesterday, we looked at the Court’s history with workers compensation cases.  Today, we’re in the criminal docket, reviewing the Court’s history with cases involving the elements of violent crimes.  The Court has decided ninety-three such cases between 1991 and 2017.

The Court decided one such case in 1991, three in 1992, one in 1993, four in 1994, one in 1995, four in 1996 and three in 1997.

The Court decided two cases in 1998, three in 1999, ten in 2000, five in 2001, three in 2002, two in 2003 and four in 2004.

The Court decided four cases in 2005, three in 2006, seven in 2007, one in 2008, seven in 2009, two in 2010 and two in 2011.

The Court decided five violent crimes cases in 2012, five in 2013 and five more in 2014, two in 2016 and four in 2017.

Join us back here next Thursday as we turn our attention to a deeper look at the Court’s workers compensation cases.

Image courtesy of Flickr by Kai Lehmann (no changes).

How Many Workers Compensation Cases Has the Court Decided a Year?

For the past two weeks, we’ve been taking a close look at the Court’s domestic relations and juvenile justice cases.  This week and next, we’re turning our attention to two new areas of law: workers compensation on the civil side, and on the criminal docket, cases involving the elements of violent crimes.  Between 1991 and 2017, the Court has decided thirty-five workers compensation cases.

The Court decided two workers compensation cases in 1991, two in 1992, five in 1993, one in 1995 and 1996 and two in 1997.

The Court decided three workers compensation cases in 1998, one in 1999, two in 2000, six in 2001 and one in 2003.

The Court decided one workers compensation case in 2005, two in 2007, one in 2008, one in 2009 and one in 2011.

The Court has decided only three workers compensation cases since 2011 – one in 2013 and two in 2015.

Join us back here tomorrow as we turn our attention to cases involving the elements of violent crimes.

Image courtesy of Flickr by Chuck Coker (no changes).

How Has the Court Decided Juvenile Justice Cases Since 1991?

Yesterday, we reviewed in detail the Court’s domestic relations decisions since 1991.  Today, we’re on the criminal law side of the docket, looking at the Court’s juvenile justice decisions.

Overall, 56.94% of the Court’s juvenile justice decisions were won by the State below.  The reversal rate was almost identical, regardless of who won below – 48.78% for State wins at the Court of Appeal, 48.39% for juvenile wins.

The Court affirmed three State wins in 1994, one per year in 1996, 1998, 2000, 2001 and 2002, three in 2003, one in 2004 and 2007, two in 2008, four in 2009 and one in 2011 and 2017.

The Court reversed one State win in 1992 and 1993, two in 1994, one in 1995, two in 2002, one in 2003, three in 2004, two in 2006, and one in 2007, 2009, 2010, 2011, 2012, 2015 and 2017.

The Court affirmed one juvenile win in 1993 and 1996, two in 1997, one in 2000, 2003, 2005, two in 2007, one in 2009 and 2011, two in 2012 and 2014 and one in 2017.

The Court reversed one juvenile win in 1992 and 1993, two in 1994 and 1997, one in 2000, 2005, 2009 and 2011, two in 2012, one in 2014 and two in 2016.

Overall, the Court reversed in 50.68% of its juvenile justice cases.  Between 1991 and 1995, the Court reversed in 69.23% of its juvenile justice cases.  The Court reversed only 27.27% of the time from 1996 to 2000.  From 2001 to 2005, the Court reversed in 53.33% of its cases.  Between 2006 and 2010, the Court reversed 43.75% of its juvenile justice cases.  Since 2011, the Court has reversed 55.56% of the time.

Join us back here next Thursday as we take up two new areas of law.

Image courtesy of Flickr by Adam Engelhart (no changes).

How Has the Court Decided Domestic Relations Cases Since 1991?

Last week, we reviewed the yearly numbers for the Court’s domestic relations cases on the civil side and juvenile justice decisions from the criminal docket.  Today and tomorrow, we’re taking a closer look at those numbers.

In all, the Court has decided forty-two cases arising from domestic relations disputes.  We code as “conservative” decisions cases where the party disputing such issues as property settlements, support and/or custody prevailed.  “Liberal” decisions are cases where the party seeking settlements, support and/or custody won.  The conservative position prevailed at the Court of Appeal in 54.76% of the cases the Supreme Court agreed to decide.  Interestingly, the Court’s reversal rate is quite high regardless of who prevailed below – 69.57% reversal of conservative wins, 68.42% reversal of liberal wins.

In Table 536, we report the yearly totals for conservative wins from the Court of Appeal affirmed by the Supreme Court.  The Court had one decision per year in 1991, 1994, 1996 and 2000, two in 2004 and one in 2015.

The Court reversed two conservative wins in domestic relations in 1993, two more in 1995, three in 1996, one in 1999, two in 2001, one in 2003, four in 2005 and one in 2006.

The Court affirmed one liberal win in 1991, two in 1993, and one each in 1995, 1998 and 2006.

The Court reversed three liberal wins from the Court of Appeal in 1992, one in 1993 and 19977, two in 1998, and one per year in 2000, 2003, 2004, 2010, 2013 and 2014.

For the entire period, the Court reversed, either in whole or in part, in 76.19% of its domestic relations cases.  The Court entirely reversed 64.29% of the time.  Between 1991 and 1995, the Court reversed 71.43% of its domestic relations cases.  Between 1996 and 2000, the Court reversed 72.73% of the time.  Between 2001 and 2005, the Court reversed in 81.82% of domestic relations cases.  The Court’s reversal rate in domestic relations cases was 66.67% from 2006 to 2010.  From 2011 to last year, the Court has reversed (entirely) 100% of its domestic relations cases.

Join us back here next time for an in-depth look at the Court’s juvenile justice cases.

Image courtesy of Flickr by Trish Hartmann (no changes).

 

 

How Many Criminal Cases Has the Court Decided a Year Involving Juvenile Justice Issues?

Yesterday, we began our review of the Court’s domestic relations cases on the civil side of the docket.  Today, we’re beginning our analysis of the seventy-seven decisions the Court handed down between 1991 and 2017 which principally involved juvenile justice issues.

The Court had no juvenile cases in 1991, but two in 1992, three in 1993, seven in 1994, one in 1995 and four in 1996 and 1997.

The Court decided two juvenile cases in 1998, none in 1999, three in 2000, one in 2001, three in 2002, five in 2003 and four in 2004.

The Court decided two juvenile justice cases in 2005 and 2006, four in 2007, three in 2008, eight in 2009, one in 2010 and four in 2011.

The Court decided five juvenile justice cases in 2012, none in 2013, three in 2014, one in 2015, two in 2016 and three in 2017.

Join us back here next Thursday as we continue our analysis of the Court’s domestic relations cases.

Image courtesy of Flickr by chadh (no changes).

 

How Many Domestic Relations Cases Has the Court Decided a Year?

For the past two weeks, we’ve been reviewing the Court’s history with insurance law cases on the civil side, and habeas corpus decisions on the criminal side.  This week and next, we’re looking at two new issues – on the civil docket, the Court’s history with domestic relations cases, and in the criminal docket, cases principally involving juvenile justice issues.  We begin with the forty-two domestic relations cases the Court has decided from 1991 to 2017.

The Court decided two domestic relations cases in 1991, three in 1992, five in 1993, one in 1994, three in 1995, four in 1996 and one in 1997.

The Court decided three domestic relations cases in 1998, one in 1999, two in 2000, 2001 and 2003, and three in 2004.

The Court decided four domestic relations cases in 2005 and two in 2006.  Domestic relations cases have been quite rare on the Court’s docket in the past decade.  The Court decided one case in 2010, but none from 2007 to 2009 or in 2011.

The Court had no domestic relations cases in 2012, one per year in 2013, 2014 and 2015, but none in 2016 or 2017.

Join us back here tomorrow as we begin our analysis of the Court’s juvenile law cases.

Image courtesy of Flickr by Allan Hack (no changes).

How Have Habeas Corpus Defendants Fared at the Supreme Court Since 1991?

Last time, we took a detailed look at how insurers and policyholders have fared at the Supreme Court since 1991.  Today, we’re in the criminal docket, looking at the Court’s habeas corpus decisions.

Because a substantial portion of the Court’s total habeas corpus caseload is death penalty cases which come straight to the Supreme Court without an intervening Court of Appeal decision, we combine our usual four tables into one below.  “CC” is prosecution wins in non-death cases which were affirmed by the Supreme Court; “CL” is prosecution wins which were reversed; “LL” is defense wins affirmed, and “LC” is defense wins reversed.

For the entire period, 55.88% of the Court’s non-death penalty habeas cases were won by the prosecution below.  The Court reversed 47.37% of the prosecution wins, but 86.67% of the defendants’ wins.  In 1992, the Court reversed three prosecution wins in non-death habeas cases.  In 1993, the Court reversed two.  In 1995, the Court affirmed one prosecution win and reversed one, and reversed a defendant’s win.  In 1998, 2001 and 2002, the Court reversed one defense win.  In 2003, the Court affirmed one prosecution win and reversed one, and reversed two defense wins.  In 2004, the Court reversed one prosecution win and two defense wins.  In 2005, the Court affirmed two prosecution wins and reversed two defense wins.  In 2008, the Court reversed one prosecution win while defendants batted .500 – one win, one loss in cases they’d won below.  In 2010, the Court affirmed four prosecution wins.  In 2012, the Court affirmed two prosecution wins and reversed one defense win.  In 2014, the Court reversed one defense win, and in 2016, it affirmed one.

In the table below, we review the overall reversal rates, disregarding who won below, in non-death habeas cases.  Overall, the Court has reversed in non-death habeas cases in 64.71% of cases since 1991.  Between 1990 and 1995, the Court reversed in whole or in part in 87.5% of its non-death habeas cases.  Between 1996 and 2000, it only had one non-death habeas case, and reversed.  Between 2001 and 2005, it reversed in 76.92% of its cases.

Since then, things have gotten considerably tougher for appellants in habeas cases.  Between 2006 and 2010, the Court reversed in only 28.57% of its non-death cases.  Since 2011, the Court has reversed in only 40% of its cases.

In Table 527, we review the data for habeas petitions in death penalty cases.

This data comes with a very big qualification, however.  Many death penalty habeas corpus petitions are decided by summary order, not full-blown opinion, and therefore are not captured here.  So, although the Court has granted in part 36.36% of habeas petitions in death penalty cases which reached full-blown opinions, it would be emphatically wrong to argue from that that the Court is frequently overturning death penalty judgments; it is not.

That said, what does the data about this subset of death penalty habeas cases show?  Between 1991 and 1995, the Court granted in whole or in part 50% of the death penalty habeas petitions it decided by full-blown opinion.  Between 1996 and 2000, the grant rate was down to 33%.  Between 2001 and 2005, the Court granted 45.45% of its petitions.  Between 2006 and 2010, it granted in whole or in part 30.77% of the petitions.  Between 2011 and 2017, the Court granted in whole or in part death penalty habeas petitions in only 22.22% of cases.

Join us back here on Thursday as we turn our attention to two new areas of law.

Image courtesy of Flickr by Ron Kroetz (no changes).

How Have Insurers Fared at the Supreme Court since 1991?

Last week, we took an initial look at the Court’s docket of insurance law decisions on the civil and habeas corpus cases on the criminal side. This week, we’re taking a closer look, asking the same questions we’ve applied in recent weeks to each area of law: (1) did the Court accept significantly more cases won by one side or the other below for review? (2) did the Court tend to reverse the wins of one side or the other significantly more often? and (3) leaving aside who the winner was below, how often were decisions reversed?   First up is insurance law.

Overall, the Court’s insurance law docket has been relatively evenly balanced between insurer and policyholder wins from the Court of Appeal – 45.59% of the Court’s insurance cases between 1991 and 2017 were won by the insurer below (for purposes of this measurement, we disregard the small number of cases which arose from Ninth Circuit certified questions, for which there is no winner below). The Court was somewhat less likely to reverse insurer wins than policyholder wins – 51.61% of insurer wins from the Court of Appeal for the entire period were reversed by the Supreme Court, while 56.76% of policyholder wins were reversed. Overall, the Court reversed in 54.79% of its insurance law cases.

We report insurer wins from the Court of Appeal affirmed by the Court in Table 519. The Court affirmed one case in 1992, 1993 and 1995, two in 1997, one in 1998, 1999, 2001 and 2002, three in 2005, and one in 2008, 2009 and 2014.

The Court reversed one insurer win in 1991, two in 1992, one in 1993 and 1997, one each year from 2000 through 2006 as well as in 2009, 2011, 2015 and 2017.

The Court affirmed two policyholder wins from the Court of Appeal in 1995 and two in 1997, one in 2000, 2001 and 2002, three in 2004, and one per year in 2005, 2006, 2007, 2009, 2010 and 2012.

The Court reversed two policyholder wins in 1991, three in 1992, one in 1993, two in 1994, one in 1995, 1997, 1998, 1999 and 2001, three in 2003, and one in 2005, 2008, 2009, 2010 and 2015.

Overall, the Court reversed in 72.22% of its insurance cases between 1991 and 1995. It reversed half the time between 1996 and 2000. Between 2001 and 2005, the Court reversed in only 43.48% of its insurance cases. Between 2006 and 2010, the Court reversed in half its insurance cases. Since 2011, the Court has decided only six insurance law cases, reversing outright in half and partially in one other, for a reversal rate of two-thirds.

Join us back here next time as we take a close look at the Court’s habeas corpus cases.

Image courtesy of Flickr by Don Graham (no changes).

 

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