Yesterday, we reviewed the data on Chief Justice Karmeier's
questions in civil cases between 2008 and 2016. Today, we
take a look at a different side of the data – what can we
infer when the Chief Justice asks the first question to either side
in criminal cases?
Voting against a party did not make the Chief Justice more
likely to ask that party the first question, but writing the
majority opinion did have a substantial impact. When voting
in the majority of an affirmance, there was a 17.69% chance that
the Chief Justice would ask the first question of appellants, and a
9.52% chance that he would begin the questioning of appellees.
When writing the majority opinion, there was a 30% chance
that the Chief Justice would begin with respect to each side.
When not writing an opinion in an affirmance, the Chief Justice
asked the first question of appellants 15.87% of the time, and of
appellees 6.35% of the time.
