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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 … Continue Reading

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. … Continue Reading

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, … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

Is the Lag Time from the End of Party Briefing to Oral Argument Correlated With the Degree of Disagreement on the Court?

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 … Continue Reading

Is the Lag Time from the End of Party Briefing to Oral Argument Impacted by Disagreement on the Court?

Last time, we looked at the lag time from the end of party briefing to oral argument – our proxy for the period in which the Court tentatively decides the case – to see whether there was a correlation to the end result in the case. In other words, do affirmances or reversals consistently take … Continue Reading

Can the Time from End of Party Briefing to Oral Argument Predict Case Results in Civil Cases?

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 … Continue Reading

Does the Time from End of Briefing to Oral Argument Predict the Result in Civil Cases?

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 … Continue Reading

What’s the Average Time From Argument to Decision in Civil Cases at the Supreme Court?

Today, we’re reviewing the data for the average lag time between oral argument and decision in civil cases at the Supreme Court. During the 1990s, the average time increased significantly.  In 1990, there was an average of 61.56 days’ wait from argument to decision.  That dropped to 59.23 (1991), 56.42 (1992) and 59.26 (1993), before … Continue Reading

How Long Typically Passes from the End of Briefing to Oral Argument in Civil Cases, 1990-2019?

Today, we reach a critical milestone in civil litigation at the Supreme Court: the average lag time from the last brief – regardless of whether it’s a party reply brief, an amicus brief or a supplemental brief – to the oral argument.  Because of California’s rule that cases must be decided within ninety days following … Continue Reading

How Long Does Supplemental and Amicus Briefing Typically Take in Civil Cases, 1990-2019?

Last week we reviewed the data for how long party briefing typically took in civil cases at the Supreme Court.  This week, we’re looking at the next guideposts.  The Supreme Court accepts additional briefs in nearly all its civil cases: amicus briefs; responses to amicus briefs; and supplemental briefs.  How long does extra briefing typically … Continue Reading

How Long Do Civil Cases Average from Grant of Review to Filing of the Appellant’s Opening Brief?

Our next step in our comprehensive review of lag times at the Supreme Court is the average time from the Court’s order granting review to the filing of the Appellant’s Opening Brief.  Absent any extensions, the appellant’s opening brief is due 30 days after the order granting review.  (Rule of Court 8.520(a).) From 1990 to … Continue Reading

Part 2 – How Long After Filing is the Typical Petition for Review Granted in Civil Cases?

Last time, as part of our review of lag time data for civil and criminal cases at the Supreme Court, we reviewed the composite lag time data – grant of review to oral argument.  For this study, we’ve divided lag time data for civil cases by seven guideposts – Petition for Review filed; Petition granted; … Continue Reading

Are Civil Cases Taking Longer – and If So, Why? (Part 1 of a Series)

Today, we’re beginning a new series of posts about an area that’s been controversial for generations: the lag time involved in appellate litigation, and the perception that cases take too long to resolve.  We’ve published lag time data on the blog before divided into only two numbers: days from grant of review to oral argument … Continue Reading

Where Did the Supreme Court’s Sixth District Criminal Cases Come From, 2005-2019?

Today, we’re concluding our survey of the originating trial courts for the Supreme Court’s criminal cases from the Sixth District, looking at the numbers for the years 2005 to 2019. In 2005, the Court decided two criminal cases from Santa Clara county.  In 2006, there were four Santa Clara cases and one each from San … Continue Reading

Where Did the Supreme Court’s Sixth District Criminal Cases Come From, 1990-2004?

Last week, we reviewed the data on which counties accounted for the Sixth District’s civil cases decided by the Supreme Court since 1990.  This week, we’re looking at the criminal cases. In 1990, the Court decided one criminal case each from Santa Clara and Monterey counties.  In 1991 and 1992, the Court decided three cases … Continue Reading
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