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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.

Earlier this week, we began analyzing the Illinois Supreme Court’s experience with automatic death penalty appeals.  Yesterday, we began our review of the California Supreme Court’s record, beginning with the year 1994.

In Table 279, we review the Court’s partial and complete reversal rate for the years 2002 through 2009.  In 2002, the Court affirmed

Yesterday, we began our review of the Court’s experience with recusals in criminal cases since 1994.  Today, we review the second half of the data.

In 2006, new Justice Corrigan recused in eleven criminal cases.  Justice Chin recused in three and Justice Baxter recused twice.  In 2007, Justices Corrigan and Baxter recused once each.  In

Last week on both the Illinois Supreme Court Review and this blog, we tracked recusals, year-by-year in civil cases.  This week on both blogs, we’re tracking the importance of recusals in criminal cases.  While recusals in civil cases are often caused by a Justice’s personal or financial interest in a party, the most common cause

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

Earlier this week on the Illinois Supreme Court Review, we pointed out that one would expect that any question certified to the state Supreme Court would be a particularly difficult one, with a lot to be said on both sides.  So, we asked – do certified question appeals tend to be decided at the Supreme

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

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,