What’s the Average Wait from Filing the Opening Brief to the Reply Brief in Death Penalty Cases?

Today, we’re reviewing the data for the average length of time party briefing in death penalty cases take – the lag time from filing of the opening brief to filing of the reply.

The average wait was 237.65 days in 1990, 334.92 in 1991, 399.5 in 1992, 354.12 in 1993, 323.43 in 1994 and 344.4 days in 1995. It rose to 726.38 days in 1996 but then fell to 490.21 days in 1997. The average was 459.46 days in 1998 and 558 days in 1999.

The average length of briefing was 522.4 days in 2000, 574.09 in 2001, 566.5 in 2002, 574.5 in 2003 and 558.19 days in 2004. In 2005, briefing averaged 481.38 days. It rose to 562.21 days in 2006. The average was 503.74 days in 2007, 601.27 days in 2008 and 617.4 days in 2009.

Party briefing averaged 690 days in 2010, 717.12 in 2011, 843 days in 2012 and 818.5 days in 2013. In 2014, the average was 967.91 days. In 2015, it was 944.81 days. In 2016, it was 883.39 days. In 2017, it was 865.45 days. In 2018, the average was 927.95 days. So far this year, the average has been 771.47 days.

Join us back here next Thursday as we continue to review the data for the Court’s death penalty cases.

Image courtesy of Flickr by Ed Menendez (no changes).

What’s the Average Wait from Appointment of Death Penalty Counsel to Filing the Opening Brief?

This week, we’re continuing our review of the detailed lag time data for the Court’s death penalty cases. First up: the average wait from the order appointing death penalty counsel to filing of the opening brief.

During the 1990s, the average wait from appointment of counsel to the filing of the opening brief increased significantly. In 1990, the average was at its low point for the decade: 757.69 days. It rose to 900.57 in 1991 and 1,037.06 in 1992. The average was 989.94 days in 1993 and 1,061.43 days in 1994. It increased to 1,424.6 days in 1995. The average fell to 1,126.13 in 1996 but rose to 1,624.07 in 1997. The average wait was 1,420.23 days in 1998 and 2,175.67 days in 1999.

The average wait was relatively stable in the following decade. In 2000, the average wait was 1,739.4 days. It rose to 2,006.64 days in 2001. The average fell to 1,572 days in 2002, 1,615.5 in 2003, 1.786.48 in 2004 and 1,980.88 days in 2005. In 2006, the average was 1,634.42 days. In 2007, the average fell to 1,395.87 days. In 2008, the average was 1,588.73 days. In 2009, the average was 1,473.72 days.

The average wait time was 1,587.21 days in 2010 and 1,246.38 in 2011. The average was flat from 2012 to 2015: 1,814.76 days (2012), 1,825.78 (2013), 1,819.65 (2014) and 1,725.2 (2015). The average was 2,067.58 days in 2016. The average was 1,903.91 days in 2017. It rose to 2,170.95 days in 2018 before falling to 1,732.33 days so far this year.

Join us back here tomorrow as we review the lag time data for death penalty party briefing.

Image courtesy of Flickr by Gail Frederick (no changes).

What’s the Average Wait in Death Penalty Cases from Filing of the Certified Record to Appointment of Direct Appeal Counsel?

Today, we’re tracking the average lag time from filing of the certified record on appeal to the order appointing direct appeal death penalty counsel. The average wait was 416.35 days in 1990, 735.24 in 1991, 620.48 days in 1992, 743.65 days in 1993, 673.29 days in 1994, 921.31 days in 1995, 542.63 days in 1996, 968.13 days in 1997, 975 days in 1998 and 1,360.17 days at the end of the decade in 1999.

The average between 2000 and 2009 was relatively steady, but remained at between two and a half and three and a quarter years: 1,161.87 (2000), 1,209.64 (2001), 1,007.43 (2002), 1,093.05 (2003), 1,250.86 (2004), 1,343.15 (2005), 1.079.79 (2006), 910.91 (2007), 1,158.96 (2008) and 1,204.04 days in 2009.

Although it’s been down a bit this year, the average lag time has increased to between four and four and a half years in the past ten years. The average was 1,314.83 in 2010, 1,486 in 2011, 1,638.28 in 2012, 1,645.72 in 2013, 1,732.45 in 2014, 1,398.76 in 2015, 1,798.48 in 2016, 1,645.7 in 2017, 1,799.5 in 2018 and 1,348.07 days so far this year.

Join back here next Thursday as we continue our review of the death penalty lag time numbers.

Image courtesy of Flickr by Ted W (no changes).

What’s the Average Wait in Death Penalty Cases from Filing a Certified Copy of the Judgment to Filing of the Certified Record at the Supreme Court?

For the past few weeks, we’ve been reviewing the Court’s lag time data from one case benchmark to the next for both civil and criminal cases. In our next several posts, we’ll be looking at the Court’s recent history with death penalty cases. Today, we’re tracking the lag time between the first two steps in a death penalty case: from filing at the Supreme Court of a certified copy of the death judgment to filing of a certified copy of the record on appeal. For these purposes, we’re using the initial filing of the record, disregarding the not infrequent motions and requests for supplemental material.

As shown in the first table, the average wait increased sharply during the 1990s. In 1990, the wait was 483.88 days, but then it went to 848.17 (1991), 670.36 (1992), 946.82 (1993), 995.71 (1994), 1,244.8 (1995), 877 (1996), 1,456.27 (1997), 1,675.54 (1998) and 1,927.33 (1999).

The average went higher during the succeeding ten years. In 2000, the average wait for the record after filing of the judgment was 2,041.47 days. The average remained at close to the same level until the close of the decade: 2,016.36 (2001), 2,064.21 (2002), 2,315 (2003), 2,438.24 (2004), 2,713.63 (2005), 2,423.63 (2006) and 2,205.78 in 2007 before falling to 1,938 days in 2008 and 1,720.33 days in 2009.

However, the courts have made substantial progress bringing the average down in the past ten years. The average was 2,131.5 days in 2010 but fell to 685.19 in 2011. It rose back to 1,411.64 in 2012 and remained high for the next few years: 1,377.42 (2013), 1,186.7 (2014), 802.75 (2015) and 1,413.32 (2016). But in 2017, the average fell to 359.91 days. It was 747.25 in 2018 but has been only 464.6 days so far this year.

Join us back here tomorrow as we review the numbers for the second step in death penalty cases – the average number of days between filing of the record and appointment of direct appeal counsel (or, when the counsel appointment order is filed first, the reverse).

Happy Thanksgiving, everyone!

Image courtesy of Flickr by Ken Lund (no changes).

What’s the Average Wait Between Oral Argument and Decision in Criminal Cases?

As we continue our review of the milestones lag time data from the Court’s past thirty years of criminal cases, in this post we’re looking at the average wait from oral argument to decision. Of course, Article VI, Section 19 of the California Constitution requires that criminal cases, just like civil ones, be decided within ninety days of submission. Occasionally, the Court either delays submission or vacates submission and starts the clock anew, but for the most part, this is a hard deadline for argument-to-decision.

In 1990, the average lag time was 97.12 days (an indication of an outlier case in the data). In 1991, the average was 55.47 days. The average stayed close to the same level for several years: 54.62 days in 1992, 52.42 days in 1993, 58.22 days in 1994 and 57.9 days in 1995. The average jumped to 83.43 days in 1996, but it fell to 68.82 days in 1997, 78.29 days in 1998 and 71.81 days in 1999.

In 2000, the average wait was 68.02 days. The next two years, it stayed about the same: 65.91 days (2001) and 69.69 days (2002). In 2003, it rose to 79.29. In 2004, it was 74.08. In 2005, it was 73.23. In 2006, it was 75.62. The average wait was 70.34 days in 2007, 70.21 days in 2008 and 69.23 days in 2009.

The average wait remained about the same from 2010 to 2016: 70.19 (2010), 70.22 (2011), 73.22 (2012), 70.54 (2013), 69.69 (2014), 71 (2015) and 77.17 days (2016). In 2017, the average wait rose to 83.9 days. In 2018, it was 84.66. So far in 2019, it has been 84.09 days.

Join us here on Thursday as we continue addressing the lag time data.

Image courtesy of Flickr by Miheco (no changes).

What’s the Average Wait Between Filing the Last Brief and Oral Argument in Criminal Cases?

For the past few weeks, we’ve been tracking the average time between each milestone of civil and criminal cases at the California Supreme Court, year by year since 1990. This time, we’re looking at the average wait from the filing of the last brief to oral argument in criminal cases. As before, for the moment we’re looking at all criminal cases – both death penalty and non-death. We’ll return to the data in the next few weeks and split out the numbers for the two.

The average wait edged up somewhat during the 1990s. In 1990, the average wait was 248.83 days. In 1991, it fell to 226.8 days and then to 218.91 days in 1992. In 1993, the average was 227 days. In 1994, it was 246.07 days. In 1995, the average dropped slightly to 242.16 days. There was a one-year spike in 1996 to 319.67 days, but then the numbers settled down: 257.81 days in 1997, 268.64 in 1998 and 291.96 in 1999.

Between 2000 and 2009, the average lag time was up considerably. The average was 326.58 days in 2000, 370.05 in 2001, 304.94 in 2002, 466.84 in 2003, 444.39 in 2004, 421.7 in 2005, 564.63 in 2006, 530.05 days in 2007, 566.05 days in 2008 and 488.52 days in 2009.

Lag time from the conclusion of briefing to oral argument has increased during the past ten years. In 2010, the average was 459.8 days. In 2011, the average rose to 594.04. The average fell to 425.57 in 2012 before rising to 566.02 in 2013, 547.98 in 2014, 528.17 in 2015 and 794.67 in 2016. The average fell to 492.83 days in 2017 but rose to 596.32 days in 2018 and 599.79 days so far in 2019.

Stay tuned for future posts to see whether the increase is being driven by death penalty cases, non-death cases or both.

Join us back here later this week as we continue to review the lag time data.

Image courtesy of Flickr by Prayitno (no changes).

What’s the Average Lag Time from Filing of the Reply Brief to Filing of the Final Brief (Whether Amicus or Supplemental)?

Yesterday, we reviewed the data for the average wait from filing of the opening brief to filing of the reply brief.  This time, we move to the next step: the average wait from filing of the reply brief to filing of the final brief – amicus or supplemental.

During the 1990s, the relatively few additional briefs in criminal cases typically occupied only four to seven months.  In 1990, the average was only 106.37 days.  It was 154.59 days in 1991, 261.73 in 1992, 192.92 in 1993 and only 125.93 in 1994.  The average was 156.65 days in 1995, 211.51 in 1996, 220.7 in 1997, 204.31 in 1998 and 142.17 days in 1999.

The wait edged up between 2000 and 2009: 222.98 (2000), 183.68 (2001), 180.37 (2002), 244.73 (2003), 239.76 (2004), 263.62 (2005), 291.44 (2006), 255.62 (2007), 296.12 (2008) and 319.36 days in 2009.

In the uncommon criminal cases where additional briefs were filed, the average wait has been over a year from reply brief to final brief in the past decade.  The average was 296.28 in 2010, 414.86 in 2011, 346.96 in 2012, 372.84 in 2013, 480 in 2014, 430.39 in 2015, 478.92 in 2016, 322.64 in 2017, 466.36 in 2018 and 409.52 days so far this year.

We end with the same caution as we began: these data are significant only for comparative trends – the evidence that the average lag time in cases with additional briefs seems to be edging upwards.  Any conclusions as to why that might be will have to await our posts in a couple of weeks separating out the data for non-death and death penalty cases.

Image courtesy of Flickr by Christopher Bowns (no changes).

How Long Typically Passes from Appointment of Counsel in a Criminal Case to Filing of the Opening Brief?

Today, we’re looking at the lag time data for the next step in a criminal case – the wait from the order appointing counsel to the filing of the opening brief (which is generally, but by no means always, by the defendant).  One very big caution with today’s numbers: for this post, we’re covering all criminal cases – both non-death and death penalty.  The lag time from appointment to filing the brief is typically far longer in death penalty cases than non-death cases, which moves the averages significantly up.  In the coming weeks, we’ll return to this metric and separate out non-death from death cases.

In 1990, the average wait from appointment to filing the opening brief was 730.74 days.  In 1991, it was 698.63 days, but it rose to 838.55 in 1992.  In 1993, the average was 582.8.  That was cut by nearly half in 1994 to 349.74 days but doubled to 728.53 days in 1995.  In 1996, the average was 387.36 days.  IN 1997, it was 875.68 days.  In 1998, the average was 612.59 days and in 1999, it was 596.75.

With the exception of a one-year spike in 2005, the average remained about the same from 2000 to 2009.  It was 719.61 days in 2000, 671.28 in 2001, 532.82 in 2002, 646.21 in 2003 and 695.18 in 2004.  The average jumped to 1032.96 days in 2005, but then receded to 742.2 days in 2006, 699.35 days in 2007, 805.89 days in 2008 and 710.41 days in 2009.

The lag time from appointment to filing the opening brief has increased significantly over the past ten years (a result we’ll be analyzing further when we split out the data for death and non-death cases).  In 2010, it was 748.35 days.  In 2011, it was 755.42.  In 2012, it was 734.83.  In 2013, it was 782.25.  But in 2014, the average wait was 956.67 days.  It fell to 789.53 in 2015 but rose to 1232.28 in 2016.  The average fell back to 724 in 2017 but rose to 1185.24 in 2018 and has been 1036.73 so far this year.

Tomorrow, we’ll review the data for briefing – the average time from the filing of the opening brief in criminal cases to the filing of the reply brief.

Image courtesy of Flickr by Pedro Szekely (no changes).

How Long is the Average Wait from Granting of a Petition for Review in Criminal Cases to Appointment of Counsel?

This time, we’re reviewing the lag time data for the second step in the typical non-death penalty criminal case at the Supreme Court: the average days from the order granting review to the order appointing counsel.

In 1990, the average wait was 44 days.  That fell to 35.33 in 1991 but rose to 60.82 the next year.  The wait was almost identical for several years after: 49.95 (1993), 49.16 (1994), 49.05 (1995) and 44.25 (1996).  The average wait was 55.79 days in 1997, 54.24 days in 1998 and 39.08 days in 1999.

The average wait to appointment of counsel trended down between 2000 and 2009: 43.77 (2000), 48.55 (2001), 35.3 (2002), 44.76 (2003), 31.18 (2004), 21.54 (2005), 26.12 (2006), 17.92 (2007), 38.72 (2008) and 25.21 days in 2009.

With only a single-year exception, the average wait for appointed counsel in criminal cases has remained at historically low levels for the past ten years.  From 2010 to 2013, the wait was less than a month: 24.39 (2010), 22.47 (2011), 25.98 (2012), 25.15 (2013).  In 2014, it jumped to 89.65 days.  The wait then settled down to 28.39 in 2015, 40.44 in 2016, 27.21 in 2017, 41.06 in 2018 and 29.73 days so far this year.

Join us back here on Thursday as we review the data for the average time from appointment of counsel to the filing of the opening brief.

Image courtesy of Flickr by Hollywata (no changes).

 

How Long is the Average Wait from Filing a Petition for Review in a Criminal Case to an Order Granting Review?

For the past several weeks, we’ve been reviewing detailed lag time data on the civil side.  Now, we’re going to look at the criminal side of the docket.  First up: what’s the average lag time from the filing of a petition for review to the order granting review?

The average progressively edged upwards during the 1990s.  It was only 34.96 days in 1990, 47.05 in 1991, 48.7 in 1992 and 49.38 in 1993, but moved into the fifties (59.58 in 1994, 58.06 in 1995, 54.22 in 1996) and sixties (60.57 in 1997, 62.11 in 1998 and 61.23 in 1999).

The average lag time was relatively consistent from 2000 to 2009, with a one-year spike halfway through the decade.  In 2000, the average wait was 66.9 days.  The next year, that fell a bit to 63.38, then to 60.81 in 2002.  In 2003, the average was 52.4 days.  In 2004, it fell to 50.77 days.  In 2005, the average was 52.03 days.  In 2006, there was a spike to 93.73 days, but the number immediately settled down: 56.8 in 2007, 60.32 in 2008 and 70.64 in 2009.

The average lag time from filing to grant order remained relatively consistent over the past ten years, this time with two one-year spikes.  In 2010, the average was 60.48 days.  It jumped to 94.58 in 2011 before settling to 61.3 in 2012 and 56.53 in 2013.  The average was 104.84 days in 2014, 59.17 in 2015, 61.23 in 2016, 59.33 in 2017, 56.88 in 2018 and 60.63 days in 2019.

Next time, we’ll continue our review of the criminal case data by looking at the numbers from grant of review to appointment of counsel.

Image courtesy of Flickr by Kyle Pearce (no changes).

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