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 in 78.57% of death penalty cases, partially reversed with the death penalty affirmed in 14.29% and partially reversed with the death penalty vacated in 7.14%.  In 2003, the Court affirmed in three-quarters of its death penalty cases.  It partially reversed with the penalty affirmed in 5%, partially reversed with the death penalty vacated 15% of the time, and completely reversed in 5%.  In 2004, the Court affirmed in 90.48% of its cases, and partially reversed with the death penalty vacated in the remaining 9.52%.  In 2005, the Court affirmed in 88.46% of its death penalty cases, and partially reversed with the death penalty affirmed in the remaining 11.54%.  In 2006, the Court affirmed in 73.68% of its cases.  The Court partially reversed in each of the remaining cases, affirming the death penalty in 15.79% and vacating it in 10.53%.  In 2007, the Court affirmed in 82.61% of its death penalty cases.  The Court reversed in part while affirming the death penalty in 13.04%, and partially reversed with the death penalty vacated in the remaining 4.35%.  The Court affirmed completely in 76.92% of its death penalty cases in 2008.  The Court partially reversed with the death penalty affirmed in 15.38% of its cases.  It partially reversed with the death penalty vacated in 3.85% of its 2008 cases, and reversed entirely in the remaining 3.85%.  In 2009, the Court affirmed in 80% of its cases, partially reversed with the death penalty affirmed in 12%, and completely reversed in the remaining 8%.

We report the year-by-year data for the remaining years to the present in Table 280.  The Court decided 24 death penalty cases in 2010, 26 in 2011 and 25 in 2012.  In 2013, the Court decided 18 death penalty cases.  The Court decided 23 cases in 2014, 17 in 2015 and has decided 7 death penalty cases so far in 2017.

Finally, we review the year-by-year reversal rates in Table 281.  The Court affirmed entirely in 95.83% of its death penalty cases in 2010, and partially reversed with the death penalty affirmed in the remaining 4.17%.  In 2011, the Court affirmed entirely in 88.46%, partially reversed with the death penalty affirmed in 7.69%, and reversed entirely in 3.85%.  In 2012, the Court affirmed in 72% of its death penalty cases, partially reversed with the death penalty affirmed in 12%, partially reversed with the death penalty vacated in 12%, and completely reversed in 4%.  In 2013, the Court completely affirmed in 94.44% of its death penalty cases, and partially reversed with the death penalty affirmed in 5.56%.

Since that time, there are indications that the Court is taking a harder look at death penalty cases.  The Court affirmed 60.87% of its death penalty cases in 2014.  The Court partially reversed with the death penalty affirmed in 30.43%, partially reversed with the death penalty vacated in 4.35% and completely reversed in 4.35%.  In 2015, the Court affirmed completely in only 52.94%.  The Court partially reversed with the death penalty affirmed in 29.41% and partially reversed with the death penalty vacated in the remaining 17.65%.  In 2016, the Court affirmed in 58.33% of its cases.  In partially reversed with the death penalty affirmed and partially reversed with the death penalty vacated in 16.67% each.  The Court reversed entirely in the remaining 8.33%.

So far in 2017, the Court has entirely affirmed in 85.71% of its death penalty cases.  It has partially reversed with the death penalty affirmed in the remaining 14.29%.

Join us back here next Thursday as we continue our comparison of the death penalty records of the Illinois and California Supreme Courts.

Image courtesy of Flickr by Joe Wolf (no changes).

Earlier this week, we began our review of the Illinois Supreme Court’s record with death penalty appeals between 1990 and the abolition of the death penalty in 2011.  Today and tomorrow, we’re comparing the California Supreme Court’s data on death penalty cases.

In Table 276, we report the number of death penalty appeals the Court decided, year-by-year.  In 1994, the Supreme Court decided seven death penalty appeals.  The following year, the Court decided fifteen death penalty appeals.  In 1996, the Court decided eight death penalty appeals.  In 1997, the Court decided fourteen death penalty appeals.  In 1998, the Court decided thirteen.  In 1999, the Court decided six death penalty appeals.  The following year, the Court decided fifteen cases, and the Court decided eleven in 2001.

In Table 277, we report the results for the same years, divided into affirmances, partial reversals with the death penalty left in place, partial reversals with the death penalty vacated, and complete reversals.  In 1994, the Court affirmed in 100% of its death penalty cases.  In 1995, the Court affirmed in 86.67% of cases, partially reversed with the death penalty intact in 6.67%, and partially reversed with the death penalty vacated in the same fraction.

In 1996, the Court affirmed completely in 75% of its death penalty cases.  The Court partially reversed with the death penalty affirmed in the remaining 25%.  In 1997, the Court affirmed in 71.43% of its death penalty cases.  The Court partially reversed with the death penalty affirmed in 14.29% of its cases, partially reversed with the death penalty vacated in 7.14% and completely reversed in 7.14%.  In 1998, the Court affirmed in 84.62% of its death penalty cases.  The Court partially reversed with the death penalty affirmed in another 7.69%, and completely reversed in another 7.69%.

In 1999, the Court affirmed in 100% of its death penalty cases.  The following year, the Court affirmed 93.33% of the time, and partially reversed with the death penalty affirmed in 6.67% of its cases.  In 2001, the Court affirmed 90.91% of the time, and partially reversed with the death penalty vacated 9.09% of the time.

In Table 278, we report the number of death penalty appeals, year by year, for the next eight years.  In 2002, the Court decided fourteen death penalty appeals.  Each year following, the number increased – twenty decisions in 2003, 21 in 2004 and 26 in 2005.  The Court decided nineteen death penalty appeals in 2006, 23 in 2007, 26 in 2008 and 25 in 2009.

Join us back here tomorrow as we address the Court’s experience with death penalty cases in the most recent years.

Image courtesy of Flickr by PeaSap (no changes).

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 2008, the only recusal in a criminal case was by Chief Justice George.  In 2009, Justice Baxter recused three times, and Justice Kennard once.

In 2010, there was only one recusal in a criminal case, by Justice Kennard.  In 2011, the new Chief Justice Cantil-Sakauye recused in twelve criminal cases, and Justice Werdegar recused in one.  In 2012, the Chief Justice recused three times and Justice Liu once.  There were no recusals in criminal cases in 2013.

In 2014, there were two recusals in criminal cases – one by Justice Kennard, and one by Justice Liu.  In 2015, Justices Kruger and Cuellar recused in eight criminal cases apiece, and Justice Corrigan recused once.  There have been no recusals in criminal cases since 2015.

Join us back here next week as we turn our attention on both our data analytics blogs to the death penalty.

Image courtesy of Flickr by Charlie Day (no changes).

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 of recusals on the criminal side is that the case was argued and essentially decided before the Justice joined the Court, or because the case was decided by the Court of Appeal from which the Justice came.

In 1994, there were only two recusals in criminal cases at the Court, both by Justice Werdegar.  In 1995, Justice Werdegar recused twice, and Justices Arabian and Baxter once apiece.  In 1996, new Justice Janice Rogers Brown recused in seven criminal cases.  Justice Baxter recused in three, and Justice Chin recused once.  In 1997, there were no recusals in criminal cases.

In 1998, Chief Justice George recused in two criminal cases, and that was all.  There were no recusals in criminal cases in either 1999 or 2000. In 2001, new Justice Carlos Moreno recused in four criminal cases, and Chief Justice George recused once.

In 2002, Justice Baxter recused in five criminal cases, and Justice Brown recused once.  In 2003, Justices Baxter and Kennard recused once each.  In 2004, Chief Justice George recused in one criminal case, and that was all.  Again in 2005, there was only recusal – Justice Baxter.

Join us back here tomorrow as we wrap up our look at the importance of recusals in the California Supreme Court.

Image courtesy of Flickr by Dennis Jarvis (no changes).

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 times, and Chief Justice George and Justice Werdegar once each.  In 2008, Chief Justice George recused in two civil cases.  Justices Corrigan and Werdegar recused once each.  In 2009, Justices Kennard and Chin recused in three civil cases each.  Justice Corrigan recused twice, and Chief Justice George and Justice Werdegar recused in one civil case apiece.

In 2010, Justices Corrigan and Werdegar led, recusing four times apiece.  Justices Kennard, Chin and Baxter recused in two civil cases each.  In 2011, the new Chief Justice Cantil-Sakauye recused in six cases.  Justices Baxter and Liu recused once each.  In 2012, Justices Chin and Baxter recused in one civil case each.  In 2013, Justice Baxter recused four times in civil cases.  Justice Chin recused three times, and Chief Justice Cantil-Sakauye and Justices Corrigan and Werdegar once each.

In 2014, there were only two recusals in civil cases: Justices Kennard and Baxter recused once each.  In 2015, new Justices Kruger and Cuellar recused five times each, and Justice Chin recused in one civil case.  In 2016, there was only one recusal in a civil case – Justice Chin.  So far in 2017, Justice Corrigan has recused in one civil case.

Join us back here next Thursday as we address the Court’s experience with recusals in criminal cases.

Image courtesy of Pixabay by Angelo Giordano (no changes).

Earlier this week over at the Illinois Supreme Court Review, we reviewed the Illinois Supreme Court’s experience with recusals in civil cases.  This week, we’re addressing the same issue here at the California Supreme Court Review.  In Illinois, there’s no provision for pro tem Justices, and there must be four votes for any decision.  In California, pro tem Justices are appointed from the Court of Appeal to fill out the Court when one or more Justices recuses.

In 1994, Chief Justice Lucas and Justices Arabian and Baxter recused in one civil case apiece.  In 1995, Justice Werdegar recused in three civil cases.  The Chief Justice recused twice, and Justices George, Baxter and Mosk recused once each.  In 1996, Justices Brown, George and Chin recused once each.  In 1997, Justice Brown led with three recusals.  Justice Werdegar recused in two civil cases, and Justices Chin and Baxter recused once each.

In 1998, Justice Chin recused himself from five civil cases.  Justice Baxter recused twice, and Justice Werdegar recused herself once.  In 1999, Chief Justice George and Justices Brown, Werdegar, Baxter and Mosk recused once each.  In 2000, Justice Baxter recused in three civil cases.  Justice Werdegar recused twice, and Chief Justice George and Justice Chin recused once each.   In 2001, Justice Moreno recused from four cases, Justice Baxter recused three times, and Justices Brown, Werdegar and Chin recused once apiece.

In 2002, Justice Werdegar recused from two civil cases, and Chief Justice George, Justice Chin and Justice Baxter recused once each.  In 2003, Justice Chin recused four times, Justices Werdegar and Baxter twice apiece, and Chief Justice George and Justice Kennard recused once apiece.  In 2004, Justice Baxter recused from four civil cases, Justice Chin recused twice, and Chief Justice George and Justice Werdegar once each.  Finally, in 2005, Chief Justice George recused in two civil cases, Justice Chin recused twice, and Justices Brown, Werdegar, Baxter and Moreno recused in one civil case apiece.

Join us back here tomorrow as continue our analysis of the Court’s recusals in civil cases.

Image courtesy of Flickr by Damian Gadal (no changes).

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 Court by more closely divided courts?  Far fewer cases get certified from the Seventh Circuit to the Illinois Supreme Court than are certified from the Ninth Circuit to the California Supreme Court, but the answer in Illinois was yes – there was some evidence that certified question appeals tended to be decided by more closely divided courts.

So what does the California data show?

We report the data in Table 263 below.  Surprisingly, it suggests that the Court does not find certified question appeals any more contentious than the rest of its civil caseload.  Twenty-seven of its certified question appeals – fully 71.1% of the whole – have been decided unanimously.  Another 10.5% have been decided with only one dissenter.  Only one in five of the Court’s certified question appeals – 7 of 38 – have been decided by anything one could fairly call a closely divided court: two cases had two dissenters, and five were decided 4-3.

So do the certified question appeals attract more amicus interest than the rest of the Court’s civil docket?  One might expect that cases sufficiently important to get certified over to the state Supreme Court would attract an unusually high level of amicus involvement.

And one would be wrong.  Certified question appeals over the past twenty-three years have, if anything, attracted less amicus interest than the rest of the Court’s civil docket.

We reviewed the numbers for the civil docket as a whole here and here.  From about 1994 to roughly 2002, appellants and respondents fairly consistently averaged between one and two amici apiece.  But in the years since, the numbers have been drifting up.  Since about 2010, amicus briefs have generally averaged between two and three per case, while briefs supporting respondents have averaged between 1.5 and 2.  But certified question appeals have attracked only an average of 1.26 briefs for plaintiffs, and 1.74 for defendants.

Lastly, we looked at the issue of lag time – how long, after the Supreme Court agrees to accept a certified case, does the Court take to schedule oral argument and make a decision?  The data demonstrates that once the Court agrees to accept a certified case, the case is treated similarly to the rest of the Court’s civil docket.  For the entire period, an average of 505.235 days passed between acceptance and argument – roughly 16 months and 2-3 weeks.  But the data is quite variable.  The standard deviation in the lag time number is very big: 157.796.  This means that 68.27% of the past certified question appeals were argued between 347.4 and 663 days after the grant order was filed.

Join us back here next Thursday as we turn our attention to a new topic in our ongoing investigation.

Image courtesy of Pixabay by BenjColl (no changes).

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 gather up last week’s data, which we presented year-by-year, on the subject matter areas of the certified question appeals. The court has heard six tort law cases, six each in constitutional and insurance law, five employment law cases, four civil procedure cases, three cases in government and administrative law, two in commercial law, and one each about consumer law, public pensions, election law, arbitration law, environmental law and wills & estates.

Not surprisingly, since the California Supreme Court tends to be at least moderately liberal in most civil law issues, the defense side has not fared especially well in the certified question cases. The defense won the consumer law and wills and estates cases. The defense lost the public pensions, election law, arbitration law and environmental law cases. The defense has won two-thirds of the insurance law cases, half the commercial law cases and forty percent of the employment cases. Finally, the defense side has won a third of the constitutional law and tort law cases.

Join us back here tomorrow as we conclude our two-week analysis of the Court’s civil certified question appeals.

Image courtesy of Pixabay by Jamie Nakamura (no changes).

Yesterday, we surveyed where the California Supreme Court’s certified question appeals arose.  Today, we turn to a different question: what areas of law do the Court’s certified questions arise in?

We report the first third of the data in Table 258.  The Court decided one case in employment law in 2000 and one each in 2011, 2014, 2016 and 2017.  The Court decided one constitutional law case in 2000 and 2001, two in 2002 and one in 2013.  The Court decided two insurance law cases in 2001, one in 2005 and 2006 and one each in 2009 and 2010.

The Court decided one commercial law case by certified question in 2002 and 2009.  The Court decided one tort law case in each of the following years: 2002, 2003, 2004, 2007, 2009, 2010, 2011, 2013 and 2014.  The Court decided one government law case by certified question in 2003, 2010 and 2013.  The Court decided one civil procedure case by certified question in 2004.

The Court decided one consumer law case by certified question in 2010.  The Court decided one case in public pensions and one in election law in 2011.  The Court has heard one certified question in wills and estates law in 2017.

Join us back here next Thursday as we continue our analysis of the Court’s certified question doctrine.

Image courtesy of Pixabay by Karl Hildebrand (no changes).

 

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, four in 2002 and one each in 2003, 2004 and 2005.

The Court decided one certified question each in 2006 and 2007.  The Court heard no certified questions in 2008.  In 2009, the Court heard three certified questions, and the Court decided five questions from the Ninth Circuit in 2010.

The Court decided four certified question cases in 2011.  In 2012, the Court heard no such cases.  In 2013, the Court heard three certified question cases.  The Court decided two cases in 2014, none in 2015, one in 2016 and two (so far) in 2017.

And we turn our attention to the trial courts where the Court’s certified questions have originated.  As noted above, the Court decided no certified question appeals from 1994 to 2000.  The Court heard one case from the Northern District of California and one from the Central District in 2000.  In 2001, the Court heard three cases from the Central District.  In 2002, the Court heard one case from the Northern District, two from the Central District and one from the Eastern District of California.

The Court decided one case each from the Central District of California in each year from 2003 through 2007.  The Court heard no certified questions in 2008.  In 2009, the Court decided one case from the Northern District of California, one from the Central District and one from the Southern District.  In 2010, the Court decided one case from the Northern District of California and four from the Central District.  In 2011, the Court heard two cases each from the Northern and Central Districts.  After deciding no cases in 2012, the Court decided two cases from the Central District of California and one from the Southern District.

In 2014, the Court decided two cases from the Central District of California.  After deciding no cases in 2015, the Court decided one case from the Southern District of California in 2016.  So far in 2017, the Court has decided two cases from the Central District of California.

Join us back here tomorrow as we continue our analysis of the Court’s certification docket.

Image courtesy of Pixabay by CVCPortoAlegre (no changes).