Last week, we continued our analysis of the Court's oral
arguments between 2008 and 2016 with a look at former Chief Justice
Fitzgerald's patterns in civil cases during the two years
before he retired, 2008-2010. This week, we turn our
attention to Chief Justice Fitzgerald's patterns in criminal
cases.
In all, Chief Justice Fitzgerald voted with the majority to
affirm in 59 cases, and voted with the majority to reverse in 55
criminal cases. He wrote the majority opinion affirming in
eight criminal cases, and wrote the majority opinion reversing in
six criminal cases.
In both affirmances and reversals, Chief Justice Fitzgerald
followed the same pattern as most of the other Justices,
questioning the losing party more heavily. In affirmances,
Chief Justice Fitzgerald averaged 5.46 questions to appellants, but
only 2.41 to appellees. Writing the majority opinion had a
substantial effect; in cases where he was writing the majority,
Chief Justice Fitzgerald averaged
