Appellate Court Dissent

In criminal cases between 2005 and 2020, dissents at the Appellate Court were more common than divided decisions in criminal cases in seven of sixteen years: 2005, 2008, 2010-2011, 2014-2015, 2018.  In 2007, 2016 and 2020, the percentages were identical.  In 2006, 28% of criminal cases had a dissent at the Supreme Court to 22%

Last week, we reviewed the year-by-year data comparing the dissent rate at the Appellate Court to the percentage of divided civil decisions at the Supreme Court, investigating whether dissent below signals a higher likelihood of a divided decision.  This week, we’re looking at the data for the years 2005 through 2020, civil first.

In eight

We determined last time that there was relatively little connection between the rate of dissent at the Appellate Court and the likelihood of division at the Supreme Court in civil cases.  This time, we’re looking at criminal cases for the same years: 1990 through 2004.

The connection between dissent at the Appellate Court and Supreme