Yesterday, we reviewed the data on Justice Neville’s question patterns since joining the Court in civil cases. Today, we’re looking at the criminal side.
Justice Neville has not been a particularly active questioner thus far in criminal cases. He more heavily questions the eventual loser when he’s in the majority of criminal cases, although the difference isn’t large. He averages 0.1 questions to appellants, 0.05 to appellees in affirmances; and 0.28 to appellees, 0.12 to appellants when he’s in the majority of a reversal. When he joins a split result, he averages 0.13 questions to appellees and none to appellants. He has been in the minority six times so far in criminal cases, but he has asked no questions in any of the corresponding oral arguments.
Join us back here next Tuesday as we begin work on another issue.