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Today, we’re completing our trip through the reversal rates for the Districts of the Appellate Court, divided by areas of civil law.  For this final post, we’re looking at the Second, Third, Fourth and Fifth Districts for the years 2010 through 2019.
The overall reversal rate for these districts was 100% in employment law, property law, contract, arbitration and surety law cases.  Three-quarters of tax decisions were reversed.  The rate was two-thirds in workers compensation and secured transactions cases and 62.5% in constitutional law decisions.  The reversal rate for tort cases was 61.1%.  Half of all decisions were reversed in
Continue Reading Reviewing the Reversal Rates by Areas of Civil Law for the Second, Third, Fourth and Fifth Districts, 2010-2019

For the final phase of our review, we’re looking at the reversal rate at the Supreme Court in civil cases from the First District for the years 2010 through 2019.
We begin with the overall reversal rates for the First District, one area of civil law at a time.  All of the contract, commercial law, environmental law and wills and estates cases were reversed.  Four-fifths of the property law decisions from the First District were reversed.  The reversal rate for insurance law cases was 75%.  The rate for tax law cases was 71.4%.  Seventy percent of domestic relations decisions were
Continue Reading Reviewing the Reversal Rates for the Divisions of the First District Appellate Court, 2010-2019

This time, we’re reviewing the reversal rates in civil cases, divided by the area of law, for the Second, Third, Fourth and Fifth Districts of the Appellate Court between 2000 and 2009.

Overall, 77.8% of employment law cases were reversed by the Supreme Court.  The reversal rate for commercial law cases was 71.4%.  Two-thirds of property and election law cases were reversed.  The reversal rate was two-thirds for property and election law cases, 64.7% for government and election law, 62.5% for domestic relations, 60.4% for tort cases and 60% for workers compensation cases.  The reversal rate for civil procedure was
Continue Reading Reviewing Reversal Rates in the Second, Third, Fourth and Fifth Districts by Area of Law, 2000-2009

Today, we’re continuing our review of civil reversal rates of the Districts and Divisions of the Appellate Court, divided by areas of civil law for the years 2000 through 2009.

Overall, the Supreme Court reversed 100% of the decisions from the First District in wills and estates law and arbitration.  Four-fifths of domestic relations decisions were reversed.  Three-quarters of cases involving property law were reversed, and 72.7% of tort cases were.  The reversal rate was 60.2% in tax cases, 50% in employment law, 44.4% in constitutional law cases, one-third in government and administrative law and commercial law, and 25% in
Continue Reading Reviewing Reversal Rates in the First District by Area of Civil Law, 2000-2009

This time, we’re concluding the first step in our review of the Districts’ reversal rates, one area of civil law at a time, for the 1990s.  Overall, the reversal rate was 100% in wills and estates law and property law.  The reversal rate for workers compensation law was 82.4%.  Insurance law’s reversal rate was 78.3%.  The reversal rate for government and administrative law and contract law was 75%.  Domestic relations cases were reversed at a rate of 58.8%.  The reversal rate for tort cases was 57.8%.  The rate for environmental law cases was 57.1%.  Civil procedure cases were reversed at
Continue Reading Reviewing Reversal Rates in the Second, Third, Fourth and Fifth Districts by Area of Civil Law, 1990-1999

Today, we’re beginning a new multi-part series of posts, looking at the reversal rates for each District and Division of the Appellate Court by the area of law involved in the case.  First up: the First District Appellate Court in the 1990s.  There was only one environmental law and one election law case, and each was reversed.  Three areas had a 75% reversal rate: domestic relations, property law and commercial law.  The reversal rate for tort law was 65.7%.  In civil procedure, it was 65.6%, and for government and administrative law cases, just a bit lower still – 65%.  The
Continue Reading Reviewing Reversal Rates in the First District by Area of Civil Law, 1990-1999

This week, we’re wrapping up our review of the records of all seven Justices of the Supreme Court.  Today, we’re looking at the opinions of Justices Robert Carter and David Overstreet in civil cases.  Tomorrow, we’ll turn our attention to the criminal cases.
Justice Carter has written a total of five majority opinions in civil cases.  Two involved civil procedure, one constitutional law, one tax law and one was a workers compensation case.

Justice Carter has written three dissents in civil cases – two in civil procedure cases and one in a tort case.
Justice Overstreet has written eight majority
Continue Reading Reviewing the Tenures of Justices Robert Carter and David Overstreet (Part 5 of 6)

Today, we’re wrapping up our review of the tenures of all seven Justices.  This time, we’re reviewing Justices Carter and Overstreet’s record in criminal cases.
Justice Carter has written eight majority opinions in criminal cases.  Four have involved constitutional law, three have been in criminal procedure cases, and one opinion involved sex offenses.

Justice Carter has written only one dissent in a criminal case, in a case involving criminal procedure.
Justice Overstreet has written two majority opinions in criminal law.  One involved criminal procedure and one was in a constitutional law case.  Justice Overstreet has written no dissents so far
Continue Reading Reviewing the Tenures of Justices Robert Carter and David Overstreet (Part 6 of 6)

In this post, we’re reviewing the voting records of Justices Carter and Overstreet in criminal cases.

Justice Carter has cast eleven votes to affirm in criminal cases – ten in 2021 and one in 2022.  He has cast five split votes – four in 2021 and one in 2022.  He has cast eleven votes to reverse – nine in 2021 and two in 2022.

Justice Carter voted with the majority in 91.3% of all criminal cases in 2021 and 100% so far in 2022.

Justice Overstreet has cast fifteen votes to affirm, four split votes and thirteen votes to reverse
Continue Reading Reviewing the Tenures of Justices Robert Carter and David Overstreet (Part 4 of 6)

In the next two posts, we’re reviewing the civil voting records for Justices Carter and Overstreet and their alignment with the majorities in their cases.
In 2020, Justice Carter cast one vote to affirm in a civil case.  In 2021, he voted to affirm 18 times, cast two split votes (to affirm in part and to reverse in part) and thirteen times to reverse.  In 2022 to date, he has cast three votes to affirm and one to reverse.

Justice Carter has voted with the majority in all of his civil cases in 2020 and 2022.  He was with the
Continue Reading Reviewing the Tenures of Justices Robert Carter and David Overstreet (Part 3 of 6)

As our review of the tenures of Justices Robert Carter and David Overstreet continues, we begin our review the Justices’ records in criminal cases.
Justice Carter has participated in 27 criminal cases so far – 23 in 2021 and four so far in 2022.

Justice Carter has written nine opinions in criminal cases.  During 2021, he wrote seven majority opinions and one dissent.  This year so far he has written one majority opinion in a criminal case.

Justice Overstreet has participated in thirty-two criminal cases since taking his seat – 28 in 2021 and four so far this year.

Justice
Continue Reading Reviewing the Tenures of Justices Robert Carter and David Overstreet (Part 2 of 6)

In the final six posts of our series, we review the brief tenures of the two newest members of the Supreme Court, Justices Robert Carter and David Overstreet.
Justice Carter has participated in forty civil cases since taking his seat – one in 2020, 34 in 2021 and five so far in 2022.

 
 
 
 
 
 
 
 
Justice Carter has written nine opinions in civil cases – five majorities, one concurrence and three dissents.  All but one of those opinions were filed in 2021.  Justice Carter has written one majority opinion in a civil opinion so
Continue Reading Reviewing the Tenures of Justices Robert Carter and David Overstreet (Part 1 of 6)

In this post, we review the voting record of Justice Michael Burke – first in civil cases, then on the criminal docket.

On the civil side, Justice Burke has voted to affirm 27 decisions – 11 in 2020 and 16 in 2021.  He has cast five split votes, one in 2020 and four in 2021.  He has voted to reverse 19 times – seven in 2020 and 12 in 2021.

Justice Burke has voted to affirm nineteen criminal decisions – five in 2020 and fourteen in 2021.  He has cast five split votes and eighteen votes to reverse – eight
Continue Reading Reviewing the Tenure of Justice Michael Burke (Part 3 of 6)

As our review of Justice Michael Burke’s tenure continues, this time we’re looking at Justice Burke’s alignment with his colleagues – how often has Justice Burke voted with the majority in civil and criminal cases?  A reminder – partial agreement doesn’t count.  If a Justice votes to affirm in part and reverse in part and the majority votes to affirm (or reverse) outright, that counts as a vote with the minority.
Since joining the Court, Justice Burke has voted with the majority in 92.31% of civil cases – 94.74% in 2020 and 90.91% in 2021.

Justice Burke has voted with
Continue Reading Reviewing the Tenure of Justice Michael Burke (Part 4 of 6)

In these final two posts, we’re reviewing the areas of law in which Justice Michael Burke’s majority and dissenting opinions have fallen.  In 2020, Justice Burke wrote one majority opinion each in insurance law, civil procedure and tort law.  In 2021, he wrote one majority in insurance law and three involving civil procedure issues.

As of the end of 2021, Justice Burke had written only one dissent in a civil case – a case involving government and administrative law.
Join us back here next time as we review Justice Burke’s opinions in criminal cases.
Image courtesy of Flickr by Gary
Continue Reading Reviewing the Tenure of Justice Michael Burke (Part 5 of 6)

Since taking his seat, Justice Michael Burke has written nine majority opinions in cases involving criminal, quasi-criminal, juvenile justice and mental health issues.  One majority involved habeas corpus law.  Two (both from 2021) involved criminal procedure.  Justice Burke has written six majority opinions in constitutional law – two in 2020 and four in 2021.

Justice Burke has written four dissents in criminal cases – one in 2020 and three in 2021.  His dissents were evenly distributed – one each in constitutional law, criminal procedure, habeas corpus and violent crimes.

Join us back here next week as we continue our analysis
Continue Reading Reviewing the Tenure of Justice Michael Burke (Part 6 of 6)