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Kirk Jenkins brings a wealth of experience to his appellate practice, which focuses on antitrust and constitutional law, as well as products liability, RICO, price fixing, information sharing among competitors and class certification. In addition to handling appeals, he also regularly works with trial teams to ensure that important issues are properly presented and preserved for appellate review.  Mr. Jenkins is a pioneer in the application of data analytics to appellate decision-making and writes two analytics blogs, the California Supreme Court Review and the Illinois Supreme Court Review, as well as regularly writing for various legal publications.

Last time, we demonstrated that notwithstanding the frequently heard claim that seeking review of a Rule 23 (unpublished) decision from the Appellate Court is a hopeless task, anywhere from ten to forty percent of the Court’s civil docket has consisted of Rule 23 orders for the past thirty years.  So what about criminal cases?

Like most sectors of the bar, there are certain items of “conventional wisdom” in the appellate bar that everyone has heard (or said themselves).  In both Illinois and California, one of those claims is that it’s pointless to seek Supreme Court review of a decision that wasn’t published by the lower court.  After all, if

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

This week we’re concluding our trip through the Justice-by-Justice oral argument analytics data to determine whether it’s possible to predict when a particular Justice is dissenting (although Justice Michael Burke replaced Justice Thomas earlier this year, there is too little data so far to reach any conclusions about his arguments).  Today and tomorrow, we’re looking

This time, we’re reviewing the data for Justice Theis’ question patterns in criminal cases.

When Justice Theis agrees with the majority in an affirmance, she follows the expected pattern, averaging 3.22 questions to appellants and only 1.38 to appellees.  However, she breaks from the pattern in reversals, more heavily questioning the winner – 3.02 to

This week, we’re reviewing Justice Theis’ history in oral arguments in civil cases.  Having established that the party which gets more questions at argument overall is likely to lose, we’re trying to determine (1) whether each individual Justice follows that same pattern when she or he agrees with the majority; and (2) when he or

In criminal cases where the Chief Justice is voting with the majority, she tends to question the appellant more heavily regardless of the result – a break with the expected pattern.  When joining an affirmance since the Court first started posting oral argument videos, she has averaged 1.71 questions to appellants and 1.08 to appellees. 

For the past few weeks, we’ve been reviewing the oral argument data on individual Justices, trying to determine whether it’s possible to predict from the analytics whether a particular Justice is likely to dissent.  This week, we’re looking at the numbers for Chief Justice Burke.

When the Chief Justice is in the majority, we see

Today, we’re reviewing the pattern of Justice Karmeier’s questions in oral argument on criminal cases.

When Justice Karmeier joins the majority of a simple affirmance or reversal, his questions show the expected pattern – he tends to more heavily question the losing side.  In affirmances, he averages 1.88 questions to appellants and 0.68 to appellees. 

For the past few weeks, we’ve been reviewing the oral argument questioning of individual Justices, attempting to answer this question: if the Court as a whole is likely to more heavily question the party who will lose the case, what about Justices planning to dissent from that result?  This week, we’re looking at Justice Karmeier’s