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ARTICLE · 05 NOVEMBER 2020

What Are Justice Garman's Question Patterns When She Disagrees With The Majority In Criminal Cases?

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Last time, we reviewed Justice Garman's record in oral arguments in civil cases, both when she agreed with the majority and when she didn't. Today, we're reviewing the criminal docket.

United StatesLitigation, Mediation & Arbitration

Last time, we reviewed Justice Garman's record in oral arguments in civil cases, both when she agreed with the majority and when she didn't. Today, we're reviewing the criminal docket.

Once again we begin with cases in which the Court affirms. When Justice Garman agrees, she more heavily questions the losing appellant, 2.44 to 0.79. She has participated in no cases where the majority affirmed and Justice Garman wanted to return a split decision. When the majority affirms but Justice Garman wants to reverse, she more heavily questions the appellees - 2.67 to 1.67 for appellants.

For criminal reversals when Justice Garman joins the majority, she more heavily questions the losing appellees - 2.06 to 1.4 for appellants. When the Court reverses but Justice Garman wants to affirm, she more heavily questions the appellants, 3.1 to 0.1 for appellees. When the majority wants a split decision but Justice Garman wants to affirm, she more heavily questions the appellees

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