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ARTICLE · 26 JULY 2017

What Could We Infer When Justice Theis Asked the First Question in Criminal Cases?

Yesterday, we reviewed Justice Theis' question patterns in criminal cases between 2010 and 2016. Today, we ask what it's possible to infer when Justice Theis asked the first question in criminal cases.

United StatesLitigation, Mediation & Arbitration

Yesterday, we reviewed Justice Theis' question patterns in criminal cases between 2010 and 2016.  Today, we ask what it's possible to infer when Justice Theis asked the first question in  criminal cases.

Justice Theis voted with the majority in 84 criminal affirmances and 102 criminal reversals.  She wrote the majority opinion in fourteen of those affirmances and fifteen of the reversals.  When voting in the majority of an affirmance, there was a 26.19% chance that Justice Theis would ask the first question of appellants, and a 17.86% chance that she would ask the first question of appellees.  When writing the majority opinion in an affirmance, Justice Theis asked the first question of appellants half the time, and of appellees in 28.57% of cases.  When not writing an opinion, there's a 22.06% chance that Justice Theis will ask the first question of appellants, and a 16.18% chance that she'll lead off against the appellees

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