Archives: Criminal Cases

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How Has Justice Thomas Voted in Criminal Constitutional Law Cases?

Since taking his seat on the Court, Justice Thomas has participated in 229 criminal constitutional law cases.  He has voted for defendants in 54 cases and against them in 175 cases.  Between 2001 and 2009, Justice Thomas supported defendants in only 31 cases and against them in 106 cases.  Between 2010 and 2019, Justice Thomas … Continue Reading

How Has Justice Kilbride Voted in Criminal Constitutional Law Cases?

Justice Kilbride has participated in 229 criminal constitutional law cases since taking his seat.  He has supported defendants in 90 cases and has voted against defendants in 139 cases.  Between 2001 and 2009, Justice Kilbride supported defendants in 61 cases and voted against defendants in 76 cases.  Since 2010, he has supported defendants in 29 … Continue Reading

How Has Justice Garman Voted on Criminal Constitutional Law Cases?

Since joining the Court, Justice Garman has voted in 221 criminal constitutional law cases.  She has voted for defendants in 67 cases and for the prosecution in 154.  From 2001 to 2009, Justice Garman voted for defendants in 42 cases and for the prosecution 86 times.  From 2010 to 2019, she supported the defendants 25 … Continue Reading

How Did Criminal Defendants Fare in Constitutional Law Cases at the Supreme Court (2010-2019)?

Today, we’re reviewing the Court’s record with criminal constitutional law cases across the decade just concluded.  Between 2010 and 2019, the Court decided 92 criminal constitutional law cases.  Defendants won 27 of those cases and lost 65.  From 2010 to 2012, defendants won five and lost 19.  From 2013 to 2016, the defendants won 10 … Continue Reading

How Have Criminal Defendants Fared at the Supreme Court in Constitutional Law Cases (2000-2009)?

The Supreme Court decided 150 criminal constitutional law cases between 2000 and 2009.  The Court ruled for defendants in 58 cases and against defendants in the remaining 92.  Between 2000 and 2002, the defendants won 22 cases and lost 23.  Between 2003 and 2006, defendants won 27 cases and lost 46.  Between 2007 and 2009, … Continue Reading

How Have Criminal Defendants Fared at the Supreme Court in Constitutional Law Cases (1990-1999)?

This week and next, we’re taking a break from our review of the Justices’ voting records in areas of civil law to look at criminal constitutional law cases.  First, we’re reviewing the Court’s overall record in these cases. The Court decided 143 criminal cases between 1990 and 1999 involving constitutional law issues.  Criminal defendants won … Continue Reading

Reviewing the Voting Records of Justices Theis and Neville in Civil Procedure Cases

Justice Theis has participated in 47 civil procedure cases since taking her seat in 2011.  She has supporting plaintiffs in 22 cases and voted for defendants 27 times.  From 2011 to 2015, she voted for plaintiffs 12 times and for defendants in 17 cases. From 2016 to 2019, she split her votes evenly in 20 … Continue Reading

Reviewing Chief Justice Burke’s Voting Record in Civil Procedure Cases

Chief Justice Burke participated in 63 civil procedure cases between 2007 and 2019, voting for plaintiffs in 30 cases and for defendants 33 times.  From 2007 to 2010, she split her votes in 14 cases between plaintiffs and defendants. From 2011 to 2015, she voted for plaintiffs 13 times and for defendants in 16 cases.  … Continue Reading

Which Districts of the Appellate Court Account for the Court’s Civil Docket (2005-2019)?

Last time, we reviewed the originating Districts of the Appellate Court for the Supreme Court’s civil docket between 1990 and 2004.  Today, we’re taking the numbers up to today. For the years 2005 to 2009, the Court decided 87 cases in all which originated in Chicago’s First District – 14 from Division 1, 17 from … Continue Reading

Which Districts of the Appellate Court Account for the Court’s Civil Docket (1990-2004)?

This week, we’re looking at a new topic in our ongoing review of the Court’s work: which Districts of the Appellate Court contributed the Supreme Court’s civil docket since 1990. Between 1990 and 1994, the civil docket was far from evenly distributed, either among the Districts of the Appellate Court, or among the Divisions of … Continue Reading

The Illinois Supreme Court’s Dissent Rate in Death Penalty Appeals from 2000 to 2011

For the past two weeks, we’ve been considering the Illinois Supreme Court’s rate of unanimity and dissent in civil and criminal cases between 2000 and 2015.  Today, we address a related historical issue.  Until 2011, when the state of Illinois abolished the death penalty, appeals in death cases were heard in the first instance at … Continue Reading

How Often is the Illinois Supreme Court Sharply Divided in Criminal Cases (2000-2015)?

Last week, we began reviewing the data for the Illinois Supreme Court’s unanimity and dissent rates in civil and criminal cases between 2000 and 2015.  We also considered how many of the non-unanimous civil decisions qualified as “lopsided” – meaning that they featured only one dissenter.  Today, we consider the rate of lopsided decisions on … Continue Reading

Criminal Arguments at the Illinois Supreme Court, Part VII: Justices Karmeier and Theis

For the past few weeks, we’ve been concluding our quick trip through the oral arguments in criminal cases decided at the Illinois Supreme Court during 2015 by looking at the Justices’ question patterns, one-by-one, to determine what we can infer about the result and opinion writing. Today, we conclude our analysis with a look at … Continue Reading

Criminal Arguments at the Illinois Supreme Court, Part VI: Justice Freeman, Chief Justice Garman and Justice Thomas

Today we continue our Justice-by-Justice review of the questioning patterns for criminal, quasi-criminal and disciplinary cases decided during 2015, checking our conclusions against our work in the summer and fall with civil cases decided since 2008. Today, we review the data for Justice Freeman, Chief Justice Garman and Justice Thomas, working our way from left … Continue Reading

ISCR Post No. 100: Justice By Justice In Criminal Arguments at the Illinois Supreme Court (Part V)

For the past several weeks, we’ve been doing a quick review of oral arguments in cases decided by the Illinois Supreme Court in 2015, evaluating whether the Justices’ questioning patterns differ from their civil arguments.  Today, we finish our aggregate statistics and make a start on our Justice-by-Justice comparisons. In Table 121 below, we see … Continue Reading

Criminal Arguments at the Illinois Supreme Court, Part IV: Which Justice Asks the Most Questions?

Over the past few weeks, we’ve been wrapping up this first year at the Illinois Supreme Court Review with a quick look at the questioning patterns at the Illinois Supreme Court’s oral arguments in criminal, quasi-criminal and disciplinary cases decided to date in 2015, comparing that data to our conclusions earlier in the summer and … Continue Reading

Criminal Arguments III: The First Question, Divided Decisions Below, and the Appellate District

Yesterday, we continued our quick trip through the arguments at the Illinois Supreme Court in criminal, quasi-criminal and disciplinary cases, analyzing whether oral argument can give us grounds for inferring the likely time under submission, the length of the majority opinion and how often the winning party gets more questions. Today we turn to three … Continue Reading

Criminal Arguments II: Time Under Submission, Length of the Opinion and The Odds Against the Side Getting the Most Questions

Last week, we began a quick trip through the oral arguments of 2015 in criminal, quasi-criminal and disciplinary cases, comparing our insights to our results in the civil arguments between 2008 and 2014.  In day two of our review today, we look at three more issues. First, we present three scatter diagrams addressing our first … Continue Reading

Are Arguments Different in Criminal Cases? Average Questions Per Segment

Today, we begin another phase of our data analytic look at the Illinois Supreme Court’s oral arguments. Over the past five and a half months, we’ve reached a number of conclusions about what we can infer from oral argument about the likely result of a case and which Justice(s) are writing. Our analysis has been based … Continue Reading
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