Archives: Dissenters Below

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Are Criminal Cases With a Dissent More Often Reversed?

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 … Continue Reading

Does Dissent at the Court of Appeal Predict Division in Criminal Cases at the Supreme Court?

Yesterday, we looked at the year-by-year data on the civil side, asking whether the presence of a dissent at the Court of Appeal level is reliably correlated with one or more dissenters at the Supreme Court level.  Today, we’re turning our attention to the criminal side of the docket. In Table 418, we compare the … Continue Reading

Does Dissent at the Court of Appeal Predict Division in Civil Cases at the Supreme Court?

Last time, we tested the often-heard view that a case which didn’t have a dissenter at the Court of Appeal has no chance of getting Supreme Court review.  This week, we’re testing a different correlation for dissent below – does it help predict dissent at the Supreme Court?  One would think the answer might be … Continue Reading

How Often Does the California Supreme Court Review Unpublished Criminal Decisions?

Yesterday, we began our analysis of a new question: how much of the California Supreme Court’s civil and criminal dockets arises from unpublished Court of Appeal decisions?  Today, we turn our attention to the Court’s criminal docket (omitting the automatic death penalty appeals). Unpublished decisions are significantly more common on the criminal docket than they … Continue Reading

How Much Does a Dissent at the Court of Appeal Matter for Getting Supreme Court Review in a Criminal Case?

Yesterday, we analyzed whether there is a consistent, predictable relationship between dissent at the Court of Appeal and the result in civil cases at the California Supreme Court. Today, we turn our attention to the criminal docket. The data is reported in Table 85 below. Interestingly, although the notion that a dissent at the Court … Continue Reading

How Much Does a Dissent at the Court of Appeal Matter for Getting Supreme Court Review in a Civil Case?

This week, we’re looking at a new topic in our continuing analysis of the California Supreme Court’s decision making since 2000: how high a fraction of the Court’s civil docket involved a dissent at the Court of Appeal, and what predictive value does a dissent at the Court of Appeal have for the result at … Continue Reading
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