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Last week, we analyzed Justice Garman’s question patterns in criminal cases.  This week, we address Justice Freeman’s question pattern in civil cases.

We begin with cases in which Justice Freeman has voted with the majority.  When Justice Freeman votes with the majority, he more heavily questions the appellant by a wide margin.  Justice Freeman averages 1.54 questions to appellants to only 0.39 questions to appellees.  When writing the majority opinion, Justice Freeman has averaged 2.53 questions to appellants, while Justice Freeman has averaged only 0.37 questions to appellees.  When Justice Freeman writes a concurrence, he averages only 0.67 questions to appellants, but 1 question to appellees.  When Justice Freeman is not writing an opinion, he averages 1.32 questions to appellants, and only 0.36 questions to appellees.

When Justice Freeman is in the majority of a reversal, he averages 1.72 questions to appellants and 1.15 questions to appellees.  Writing a majority opinion has virtually no impact; Justice Freeman averages 1.59 questions to appellants, 1.41 questions to appellees.  When writing a concurrence – as usual, a tiny database – Justice Freeman averages 3.33 questions to appellants and 2 questions to appellees.  When not writing an opinion, Justice Freeman averages 1.67 questions to appellants, and 1.08 questions to appellees.

Table 469

When Justice Freeman was in the minority of an affirmance, he averaged one question to appellants, but 2.5 questions to appellees.  Writing a dissent had no consistent effect; when he wrote a dissent, Justice Freeman averaged 0.6 questions to appellants and 3.4 questions to appellees.  When not writing an opinion, Justice Freeman averaged 1.67 questions to appellants and one question to appellees.

When Justice Freeman was in the minority of a reversal, Justice Freeman averaged 3.18 votes to appellants, and only 0.64 to appellees.  When Justice Freeman wrote a dissent, he averaged 3.22 questions to appellants and 0.78 questions to appellees.

Table 470

Join us back here tomorrow as we turn our attention to the likelihood of Justice Freeman asking the first question in civil cases.

Image courtesy of Flickr by David Wilson (no changes).