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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.

A few weeks ago, we reviewed the three-year floating average reversal rates for each of the Districts and Divisions of the Appellate Court.  But of course, mere reversal rates don’t tell the whole story.  There’s a big difference between a court getting affirmed (or reversed) 4-3 and a 7-0 decision.  So this time, we’re looking

In 1990, 79.71% of the Court’s criminal cases were unanimous. That rose to 75.86% in 1991, 82.61% in 1992 and 83.72% in 1993. But then the unanimity rate fell: 61.54% (1994), 59.49% (1995), 68.52% (1996), 60.32% (1997), 69.44% (1998) and only 45.28% in 1999.

In 2000, only 27.91% of the Court’s criminal decisions were unanimous.