Justice Mariano-Florentino Cuellar

This time, we’re concluding our six-part post on the tenure of Justice Mariano-Florentino Cuéllar with a look at the subjects of his majority and dissenting opinions in criminal, quasi-criminal, juvenile justice and mental health cases.

Not surprisingly, the most frequent topic of Justice Cuéllar’s majority opinions in criminal cases was death penalty law.  He wrote

This week, we’re reviewing the written opinions of Justice Cuéllar’s seven-year tenure.  The most frequent topics for his majority opinions in civil cases were government and administrative law and civil procedure, with six opinions each.  Justice Cuéllar wrote two government and administrative law majority opinions in 2016 and 2018 and one each in 2019 and

Today, we’re reviewing the metric we’ve argued in past posts is a reasonable proxy for determining the degree to which a particular Justice is in sync ideologically with the rest of his Court (and/or the degree of influence that Justice has on the Court).  For purposes of this number, we’re including only total agreement –

Today, we’re continuing our multi-part series on the soon-to-conclude tenure on the Court of Justice Mariano-Florentino Cuéllar.

We begin this time with a review of Justice Cuéllar’s votes.  To simplify our numbers (and since it’s the smallest portion of the docket), we disregard the certified question appeals where the Court’s holding was something other than

As we continue our review of Justice Cuéllar’s nearly seven years on the California Supreme Court, today we’re looking at his published opinions.  Since joining the Court, Justice Cuéllar has written 99 opinions – 43 in civil cases and 56 in criminal cases.

Justice Cuéllar has written a total of 27 civil majority opinions along

The resignation of Justice Mariano-Florentino Cuéllar from the California Supreme Court becomes effective on Sunday, October 31.  Today, we’re beginning a four-part review of Justice Cuéllar’s tenure.

Justice Cuéllar took his seat on the Court on January 5, 2015, replacing retired Justice Marvin Baxter.  Since that time, he has participated in 513 cases (assuming no

Today we’re concluding our initial review of the Justices’ voting records by reviewing Justice Cuellar and Justice Groban.

Since joining the Court in 2015, Justice Cuellar has voted in 201 civil cases.  He has voted in affirm in 73 cases and to reverse 90 times.  Those votes show a curious time pattern: in 2015 and

We determined last time that Justice Cuellar tends to more heavily question appellants than respondents in civil cases regardless of how the majority is leaning.  This time, we’re looking at the data for criminal cases.

Continue Reading What Are Justice Cuellar’s Question Patterns When He Disagrees With the Majority in Criminal Cases?

For the past few weeks, we’ve been reviewing individual Justices’ questioning at oral argument in civil and criminal cases since the Court first started posting argument videos in 2016.  The question is this: if as a general matter, the party likely to lose the case gets more questions at oral argument, can we use argument analytics to spot likely dissenters?  In other words, does a Justice likely to dissent ask more questions of the side he or she thinks should lose or the side the majority thinks should lose?  This week, we’re looking at the data for Justice Cuellar, civil cases first.

Continue Reading What Are Justice Cuellar’s Question Patterns When He Disagrees With the Majority in Civil Cases?

Since joining the Court, Justice Cuellar has participated in fifteen employment law cases.  He has voted for defendants in three of those cases (all in 2018 and 2019).  Between 2015 and 2017, he voted for plaintiffs in all seven cases he participated in.

Eight of those cases were won by defendants at the Court of