Photo of Kirk Jenkins

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.

25771860004_4a5af74a19_z

Yesterday, we reviewed trends in the Illinois Supreme Court’s special concurrences in civil cases.  Today, we turn to the criminal docket.

We report the data in Table 344 below.  We noted yesterday that special concurrences tended to be somewhat longer in non-unanimous decisions, speculating that concurrences might be used at times to respond to points

27201685745_1d03fd5d69_z

Last week, we completed our examination of trends in the length of the Illinois Supreme Court’s majority opinions.  This week, we turn our attention to the Court’s special concurrences.

First, a preliminary question.  Concurring opinions are a somewhat controversial subject in appellate law; some people have suggested that they tend to detract from the impact

6228860694_97b197df0c_o

Today, we conclude our look at the evolution of the Court’s majority opinions with a look at the criminal docket between 2008 and 2015.  Last week, we observed two trends in the data.  First, majority opinions in non-unanimous decisions were consistently longer than majorities in unanimous decisions – and the margin between non-unanimous and unanimous

6677267045_4199e26f6a_z (2)

Today, we begin a new topic in our analysis of the Illinois Supreme Court’s decision making – the average length of the Court’s majority, special concurrence and dissenting opinions.

In Table 338 below, we report the average length of majority opinions in civil cases between 2000 and 2007, divided into non-unanimous and unanimous decisions of

2271412701_bb6d495e1a

Yesterday, we gathered up our last several weeks’ work to assess the performance of the Districts and Divisions of the Appellate Court in civil cases before the Illinois Supreme Court. Today, we review the criminal docket.

The same court led among non-unanimous criminal decisions that led for non-unanimous civil cases – Division Five of the

6677001005_b023b53d9f

For the past several weeks, we’ve been refining simple reversal rates as a measure of an Appellate Court’s standing by analyzing, District by District (and Division by Division), the average votes to affirm the Appellate Court. By doing so, we distinguish between decisions which are narrowly reversed by a sharply divided court, and those which

4931557080_e1383efd0f_z

For the past several weeks, we’ve been refining our analysis of how the Districts and Divisions of the Appellate Court have fared in the past sixteen years before the Illinois Supreme Court, calculating the average votes to affirm garnered by each District’s decisions on the civil and criminal docket.  This week, we address the criminal