Yesterday, we turned our attention to determining which Justices most often voted with the majority in non-unanimous civil decisions between 2000 and 2007. Today, we address the same question for non-unanimous criminal cases.
The Court decided an unusually high number of non-unanimous criminal cases in 2000, so the Table shows spikes that year across the board. Justice Bilandic led the Court, voting with the majority fifty-six times in non-unanimous criminal cases. Justice Rathje was next, voting with the majority fifty-three times. Justices Miller and Freeman were with the majority fifty-one times, Justice Heiple 49 and Justice McMorrow 46. Chief Justice Harrison voted with the majority only 24 times in non-unanimous criminal cases that year. The following year, non-unanimous criminal decisions were down sharply. Justice Fitzgerald led with twenty-three times in the majority. Justice Freeman had twenty-two, Justice McMorrow twenty-one, Justice Thomas eighteen, Justice Kilbride fifteen, Justice Garman thirteen, Chief Justice Harrison twelve and Justice Miller two. In 2002, Justice Fitzgerald again led the Court, voting in the majority twenty-nine times. Justice Freeman had twenty-eight majority votes. Chief Justice McMorrow had twenty-seven, Justices Garman and Thomas had twenty-five apiece, and Justice Kilbride had thirteen. Chief Justice Harrison and Justice Rarick voted with the majority five times. In 2003, Justice Freeman once again led the Court, voting with the majority twenty-eight times. Justices McMorrow and Freeman were in the majority twenty-five times. Justice Rarick was in the majority twenty-four times. Justices Garman and Thomas voted with the majority thirteen times apiece, and Justice Kilbride voted with the majority eight times.
For 2004, Chief Justice McMorrow led the Court, voting in the majority twelve times. Justices Freeman and Rarick were next, each voting in the majority eleven times. Justice Kilbride voted with the majority ten times, Justice Fitzgerald nine times, Justice Garman eight, Justice Thomas six and Justice Karmeier once. In 2005, Chief Justice Thomas and Justices Fitzgerald and Garman led the Court, with each voting in the majority nine times in non-unanimous criminal cases. Justices McMorrow and Karmeier voted with the majority eight times apiece. Justice Freeman voted with the majority six times and Justice Kilbride was with the majority three times.
For 2006, Chief Justice Thomas led the Court, voting with the majority fifteen times in non-unanimous criminal cases. Justice Fitzgerald was next with fourteen. Justices Karmeier and Garman were next, each voting with the majority thirteen times. Justices Freeman and Kilbride voted with the majority eight times apiece in non-unanimous criminal cases, and Justice McMorrow did so six times. For 2007, Chief Justice Thomas and Justices Garman and Fitzgerald each voted with the majority seven times in non-unanimous criminal cases. Justice Karmeier was with the majority six times, Justices Burke and Freeman five each, and Justice Kilbride voted with the majority three times.
Join us back here next Tuesday as we turn our attention to voting with the majority in civil cases between 2008 and 2015.