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Kirk Jenkins brings a wealth of experience to his appellate practice, which focuses on antitrust and constitutional law, as well as products liability, RICO, price fixing, information sharing among competitors and class certification. In addition to handling appeals, he also regularly works with trial teams to ensure that important issues are properly presented and preserved for appellate review.  Mr. Jenkins is a pioneer in the application of data analytics to appellate decision-making and writes two analytics blogs, the California Supreme Court Review and the Illinois Supreme Court Review, as well as regularly writing for various legal publications.

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

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

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

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

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

Last time, we showed that the lag time from the end of party briefing to oral argument was longer for civil cases in which the Court was divided than cases which were ultimately decided unanimously. But is lag time related to the degree of disagreement? Do 4-3 decisions take the longest, or do 6-1 decisions

Last week, we investigated whether the lag time from the end of briefing, including amicus and supplemental briefing, to oral argument suggests the likeliest result – in other words, do affirmances or reversals consistently take longer?

In Table 1160, we report the lag times from end of party briefing to oral argument, divided by civil

In previous posts, we’ve suggested that the period from the end of amicus/supplemental briefing to the oral argument is a reasonable proxy for the Court’s decisional period.  So, if we revisit the data, divided by affirmances, reversals and split decisions (partly affirmed, partly reversed) – can we predict the result based on the wait from