Archives: Dissent at the Appellate Court

Subscribe to Dissent at the Appellate Court RSS Feed

Are Criminal Cases With a Dissent More Often Reversed?

Yesterday, we began our further examination of the Court’s experience with cases with a dissent at the Appellate Court.  We asked whether civil cases with a dissent were systematically more or less likely to be reversed than cases which were decided unanimously.  Today, we’re asking the same question on the criminal side of the docket. … Continue Reading

Are Civil Cases With a Dissent More Frequently Reversed?

Last week, we reviewed the data on whether cases which were published below are more frequently reversed.  This week, we’re reviewing a related issue: are cases with a dissent below more frequently reversed by the Supreme Court?  If so, that might suggest that dissents at the Appellate Court aren’t just helpful in getting the Court’s … Continue Reading

Does Dissent at the Appellate Court Predict Division in Criminal Cases at the Supreme Court?

Yesterday, we looked at the year-by-year data on the civil side of the docket, asking whether a dissent at the Appellate Court tends to indicate that one or more dissenters are likely at the Supreme Court.  Today, we’re looking at the same question on the criminal side. In Table 676, we report the absolute numbers … Continue Reading

Does Dissent at the Appellate Court Predict Dissent in Civil Cases at the Supreme Court?

Last time, we tracked the year-by-year data, testing the proposition that most of the Court’s cases are sufficiently “close calls” to have brought a dissent at the Appellate Court.  This week, we’re testing another proposition – does dissent at the Appellate Court suggest that there’s going to be one or more dissenters at the Supreme … Continue Reading

Are Most of the Court’s Criminal Cases Divided Decisions at the Court of Appeal?

Last time, we looked at the share, year by year, of the Court’s civil docket accounted for by decisions which brought a dissent at the Court of Appeal.  Today, we’re looking at the data for the criminal docket. The Court decided fifteen criminal cases in 1990 and 1991 which were divided below.  The Court decided … Continue Reading

Are Most of the Court’s Civil Cases Divided Decisions at the Court of Appeal?

This week, we’re beginning a new topic in our ongoing study of the Court’s decision making.  One often hears that unless there’s a dissent at the Appellate Court level, there’s no chance that the Supreme Court will agree to hear the case.  So – how true is that?  How much of the Supreme Court’s docket … Continue Reading

Do Dissents at the Appellate Court Reliably Predict Dissent at the Illinois Supreme Court?

Yesterday, we began our investigation of the importance of dissents at the Appellate Court for litigation at the Illinois Supreme Court.  We demonstrated that the often-heard claim that obtaining review at the Court is impossible without an Appellate Court dissent isn’t true, either on the civil or the criminal side.  Today, we address a related … Continue Reading

Is a Dissent at the Appellate Court Essential to Winning Illinois Supreme Court Review?

Last week, we wrapped up our review of the areas of law addressed by the Illinois Supreme Court in its civil and criminal dockets, year by year from 2000 through 2015. Today we begin a new topic – dissents at the Appellate Court. One frequently hears that there’s little chance of getting a PLA granted … Continue Reading

The Role of Amicus Briefs at the Illinois Supreme Court (Part II)

Yesterday, we addressed the Illinois Supreme Court’s standards for granting leave to file amicus briefs. Today, we turn to the data. Civil cases which attract no amicus briefs are rare before the United States Supreme Court and a few of the state Supreme Courts, such as California. Multiple-amicus cases are not uncommon, and cases with … Continue Reading

How Often Does the Illinois Supreme Court Review Unpublished Decisions (Part I)

Last week, we looked at the question of how often the Illinois Supreme Court considers unanimous civil decisions from the Appellate Court. Now we turn to a related question: how often does the Court review unpublished decisions?According to Illinois Supreme Court Rule 23, the Appellate Courts are to issue formal opinions under only two circumstances: … Continue Reading

Does a Dissent at the Appellate Court Help (Part II)?

This week, we’re attempting to answer the question: does a dissent at the Appellate Court help in getting Supreme Court review? And if so – how much? Yesterday, we considered the prevalence of dissent in Appellate Court opinions. Now we turn to the data. As it turns out, this is one bit of conventional wisdom … Continue Reading

Getting a PLA Granted: Does a Dissent Below Help? (And if So, How Much?)

In our last several posts, we’ve been following the Supreme Court’s evolving interests over the past fifteen years, charting the areas of law considered by the Court in its civil docket. Now we turn to a somewhat different question. It has long been part of the conventional wisdom in the appellate bar that a dissent … Continue Reading
LexBlog