Yesterday, we reviewed Justice Theis’ question patterns in criminal cases between 2010 and 2016.  Today, we ask what it’s possible to infer when Justice Theis asked the first question in  criminal cases.

Justice Theis voted with the majority in 84 criminal affirmances and 102 criminal reversals.  She wrote the majority opinion in fourteen of those affirmances and fifteen of the reversals.  When voting in the majority of an affirmance, there was a 26.19% chance that Justice Theis would ask the first question of appellants, and a 17.86% chance that she would ask the first question of appellees.  When writing the majority opinion in an affirmance, Justice Theis asked the first question of appellants half the time, and of appellees in 28.57% of cases.  When not writing an opinion, there’s a 22.06% chance that Justice Theis will ask the first question of appellants, and a 16.18% chance that she’ll lead off against the appellees

When voting in the majority of a reversal, there was a 27.45% chance that Justice Theis would ask the first question of appellants, and a 16.67% chance that she’d lead off against the appellees.  When writing the majority opinion, there was a 26.67% chance that she would ask the first question of appellants, and a 20% chance that she would begin the questioning of appellees.  Justice Theis only voted with the majority in two criminal cases where she wrote a concurrence – she asked the first question of appellants in one case, but not of appellees in either case.  When Justice Theis wasn’t writing, there was a 27.06% chance that she would ask the first question of appellants, and a 16.47% chance that she would ask the first question of appellees.

Justice Theis didn’t ask the first question of either side in any case where she voted in the minority of a criminal matter, so that wraps up our review of Justice Theis’ oral argument data.

Join us back here next Tuesday as we begin another phase of our analysis.

Image courtesy of Pixabay by JudithScharnowski (no changes).