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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)

In this post and the next one, we’ll be wrapping up our six-part post reviewing the tenure of Justice P. Scott Neville, who joined the Supreme Court in 2018.  In these final two posts, we’re reviewing the areas of law in which Justice Neville’s majority and dissenting opinions have fallen.

On the civil side, Justice Neville has written four majority opinions involving government and administrative law, three involving tort law, two in civil procedure and one each involving tax law, securities law, constitutional law, workers compensation, domestic relations and insurance law.

As of the end of 2021, Justice Neville had
Continue Reading Reviewing the Tenure of Justice P. Scott Neville (Part 5 of 6)

Justice Neville has written three majority opinions each in habeas corpus, criminal procedure and constitutional law.  He has written one majority opinion each in cases involving violent crimes and process offenses.

Justice Neville has written one more dissent on the criminal side since joining the Court than he has majority opinions.  In all he has written six dissents in cases involving constitutional law, four in criminal procedure cases and one each in sentencing law and habeas corpus cases.

Join us back here next time as we turn our attention to the tenure of Justice Michael Burke.
Image courtesy of Flickr
Continue Reading Reviewing the Tenure of Justice P. Scott Neville (Part 6 of 6)

From taking his seat in 2020 through the end of 2021, Justice Michael Burke participated in 52 civil cases – nineteen in 2020 and 33 in 2021.

Justice Michael Burke sat on a total of 43 criminal cases from 2020 through the end of 2021.  Sixteen cases were in 2020 and 27 were in 2021.

Join us back here next time as we continue our review of Justice Michael Burke’s tenure.
Image courtesy of Flickr by Allan Henderson (no changes).
Continue Reading Reviewing the Tenure of Justice Michael Burke (Part 1 of 6)

Justice Michael Burke has written a total of nine opinions in civil cases – seven majority opinions, one special concurrence and one dissent.

Justice Michael Burke has written fifteen opinions in criminal cases – nine majority opinions, two special concurrences and four dissents.

Join us back here next time as we continue our analysis of Justice Michael Burke’s tenure.
Image courtesy of Flickr by Conal Gallagher (no changes).
Continue Reading Reviewing the Tenure of Justice Michael Burke (Part 2 of 6)

This time, we’re reviewing Justice Neville’s voting patterns.  In civil cases, he has voted to affirm 39 times – six in 2018 and eleven cases each in 2019, 2020 and 2021.  He has cast ten split votes (to affirm in part and to reverse in part): two in 2018, five in 2019, two in 2020 and one in 2021.  He has voted to reverse in civil cases 38 times – six in 2018, fifteen in 2019, nine in 2020 and eight in 2021.

On the criminal side of the docket, Justice Neville has voted to affirm 33 times – five
Continue Reading Reviewing the Tenure of Justice P. Scott Neville (Part 3 of 6)