Photo of Kirk Jenkins

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.

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In our recent expansion of Sedgwick’s California Supreme Court database, one of the variables we added was the originating jurisdiction.  Given that the Court always has a significant number of administrative mandate cases, originating jurisdiction is a more precise measure of where the Court’s cases are coming from than solely tracking the original trial court.

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Yesterday, we looked at whether defendants are winning a higher fraction of appeals in criminal cases between 1994 and 2005.  Today, we’re looking at the years 2006 through 2016.

In 2010, defendants won eleven criminal cases.  In 2012, defendants won ten cases.  Beginning in 2014, defendants have won more cases each year – twelve in

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Earlier this week, I joined “Air Talk” on KPCC radio for a discussion of the California Supreme Court’s recent criminal decisions, beginning with People v. Gutierrez, in which the Court reversed three convictions for the first time in many years based upon Batson/Wheeler (strikes from the jury pool based on minority status) error.  So I

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Yesterday, we analyzed the Court’s experience with amicus briefs in criminal cases between 1994 and 2005.  Today, we’ll look at the Court’s experience with amicus briefs in criminal cases between 2006 and 2016.

Winners averaged more amicus support than losing parties in criminal affirmances only about one-third of the time during this period.  In 2006,