Unpublished Court of Appeal Decisions

Last time, we showed that for the most part since 1990, anywhere from twenty to forty-five percent of the Court’s civil decisions have arisen from unpublished decisions at the Court of Appeal.  This time we’re looking at the Court’s criminal docket.

Unpublished Court of Appeal decisions are far from the exception in criminal cases –


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began our analysis of a new question: how much of the California Supreme Court’s civil and criminal dockets arises from unpublished Court of Appeal decisions?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Unpublished decisions are significantly more common on the criminal docket than they


Last week, we analyzed the conventional wisdom that the California Supreme Court doesn’t review unanimous decisions from the Court of Appeal.  This week, we review a related question.  The conventional wisdom is that the Court doesn’t review unpublished decisions – but is it true?

We report the data for civil cases in Table 86 below,