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ARTICLE · 03 OCTOBER 2017

How Often Is The State The Appellant In Criminal Cases?

Last week, we reviewed the data on how often public entities were parties in civil cases at the Court.

United StatesLitigation, Mediation & Arbitration

Last week, we reviewed the data on how often public entities were parties in civil cases at the Court. Of course, criminal cases are a different matter; the State is a party to every appeal. So this week, we address a slightly different question: how many of the Court's criminal appeals involve appeals by the State, and how many appeals by the defendants? And how has the State fared in terms of winning percentage in each role?

The Court decided thirty cases in 1990 where the State was the appellant. The State was the appellant in 28 cases in 1991 and 43 in 1992. In 1993, appeals by the State dropped sharply to 14. The Court decided 26 appeals by the State in 1994 and again in 1995, 20 in 1996, 17 in 1997, 23 in 1998, 18 in 1999 and 20 each in 2000 and 2001. The Court decided 34 cases involving State appellants in 2002, 39 in 2003 and 33 in 2004.

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