Archives: Days Under Submission

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What’s the Average Lag Time from Grant of the Petition for Review in Non-Death Penalty Criminal Cases to Oral Argument?

Today, we’re looking at the overall lag time data: the average period from the order granting the petition for review in non-death penalty criminal cases to oral argument. The average was 392.57 days in 1990, 310.56 in 1991, 440.04 in 1992, 451.64 in 1993, 442.29 in 1994, 485.35 in 1995, 575.1 in 1996, 320.8 in … Continue Reading

What’s the Average Lag Time from Filing of the Final Brief in Non-Death Penalty Criminal Cases to Oral Argument?

Today, we’re reviewing the average lag time for our proxy for the Supreme Court’s decisional period in non-death penalty criminal cases: the lag time from the filing of the final brief – whether the reply brief, an amicus brief or a supplemental brief – to oral argument. The average lag time was 262.47 days in … Continue Reading

How Long Does Amicus and Supplemental Briefing Typically Take in Non-Death Penalty Criminal Cases?

In this post, we’re addressing the typical lag times involved between the end of party briefing in non-death penalty criminal cases and the filing of the final amicus or supplemental brief. Because amicus and supplemental briefs are considerably less commonplace in criminal cases than they are in civil cases, the numbers show a lot of … Continue Reading

What’s the Average Lag Time from the Order Appointing Appellate Counsel to the Filing of the Opening Brief in Non-Death Criminal Cases?

The average lag time from the order appointing appellate counsel in non-death criminal cases to the filing of the opening brief was 30 days in 1990, 35.14 in 1991, 44.5 in 1992, 50.38 in 1993 and 38.38 days in 1994. The average jumped to 114.35 days in 1995 before falling back to 39.71 days in … Continue Reading

What’s the Average Wait from Granting of the Petition to Review to the Order Appointing Counsel in Non-Death Criminal Cases?

For the past few weeks, we’ve been reviewing detailed lag time data for criminal (and civil cases). Now, we’re dividing death penalty and non-death criminal cases. First up, the average lag time from the date the non-death petition to review is granted to issuance of the order appointing appellate counsel. In 1990, the average lag … Continue Reading

What’s the Average Wait from Oral Argument in Death Penalty Cases to the Court’s Decision?

Today, we’re concluding our trip through the death penalty lag time data with a look at the final step in capital litigation: the average wait from oral argument to decision. In 1990, the average wait was 186.42 days (the result of an outlier case). In 1991, the average was 60.16 days. The average was then … Continue Reading

Is There any Relationship in Death Penalty Cases Between the Lag Time from End of Briefing to Oral Argument and the Case Result?

Last week, we reviewed the data for the average wait between the end of briefing in death penalty cases and the oral argument. Today, we’re looking at a related question – does the lag time between briefing and oral argument suggest anything about the ultimate result in the case? We divide the data into four … Continue Reading

What’s the Average Wait from the Filing of the Last Brief in Death Penalty Cases to Oral Argument?

Today, we’re continuing our review of the death penalty lag time data, looking at the average wait from the filing of the final brief – whether that’s the party reply brief or an amicus or supplemental brief – to the oral argument. In 1990, the average was 225.23 days. It was 265.92 in 1991, 217.3 … Continue Reading

What’s the Average Wait from Filing the Reply Brief in Death Penalty Cases to the Filing of any Supplemental or Amicus Briefs?

Our next milestone in reviewing the lag time data for death penalty cases is the period from the end of party briefing – the filing of the reply brief – to the filing of the last supplemental or amicus brief (including replies to one or the other). Amicus briefs have been very rare in death … Continue Reading

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
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