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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.

Yesterday, we reviewed the year by year data, studying whether Court of Appeal cases with a dissenter were more often reversed than unanimous decisions.  Today, we’re studying the Court’s criminal cases.

The answer for criminal cases is clear: yes, cases with a dissent are more likely to be reversed than unanimous decisions, generally by a

Last week, we reviewed the data on whether cases published at the Court of Appeal are more frequently reversed by the Supreme Court.  This week, we’re reviewing a similar question: are cases with a dissent at the Court of Appeal systematically more likely to be reversed at the Supreme Court?

For two-thirds of the years

Last week, we looked at the data on how prevalent unpublished Court of Appeal opinions are in the Court’s civil and criminal dockets.  Yesterday, we looked at a related question: are published Court of Appeal opinions in civil cases reversed by the Supreme Court at a consistently higher (or lower) rate than unpublished decisions are? 

Last week, we tracked the yearly data as to how high a portion of the Court’s docket on both the civil and criminal sides consisted of published decisions from the Court of Appeal.  This week, we’re analyzing another aspect of the difference between published and unpublished Court of Appeal decisions.  Are decisions which were published