What Could We Infer From Justice Theis' Question Patterns In Criminal Cases?

Last week, we reviewed the data from Justice Theis' participation in oral arguments in civil cases since she joined the Court in 2010.  This week, we turn our attention to Justice Theis' record in criminal oral arguments.

Justice Theis voted with the majority in 84 criminal affirmances and 102 criminal reversals.  She wrote the majority opinion in fourteen criminal affirmances.  She wrote concurrences in two affirmances, and voted with the majority while not writing in 68 affirmances.  Justice Theis wrote the majority opinion in fifteen criminal reversals, wrote two special concurrences, and didn't write while voting with the majority in a reversal in 85 cases.

In criminal affirmances, Justice Theis tended to ask more questions of the losing party – 2.85 questions to appellants, 1.42 questions to appellees.  Writing the majority opinion had a significant impact.  When writing the majority, Justice Theis averaged 4.43 questions to appellants and 2.57 to appellees.