Since joining the Court, Justice Theis has participated in 83 criminal constitutional law cases. She has voted for defendants 32 times and against them in 51 cases. From 2010 to 2014, she supported defendants in 12 of 33 cases. Since that time, she has voted for defendants in 20 cases and against them in 30 cases.
Forty-nine cases were won by defendants below. Justice Theis has voted to affirm 18 of these wins and reversed 31 times. Between 2010 and 2014, she voted to affirm seven defendants’ wins and voted to reverse in seven cases. Since that time, she has voted to affirm only 11 times and to reverse in 24 cases.
Justice Theis has participated in 34 criminal constitutional law cases lost by the defendants below, voting to reverse 14 times and to affirm in 20 cases. Between 2010 and 2014, she voted to reverse five such cases and to affirm 14 times. Between 2015 and 2019, she voted to reverse in nine cases and to affirm six defendants’ losses.
Since joining the Court, Justice Neville has participated in 14 criminal constitutional law cases. He has supported defendants’ position in nine cases and voted for the government in five cases. Nine of these cases were won by defendants below. Justice Neville has voted to affirm in five of these cases and to reverse four times. Five of these cases were lost by the defendants below. Justice Neville has voted to reverse in whole or in part in four of those five cases.
Next time, we’ll take up the Justices’ voting records in another area of criminal law.