United States: Do Some Counties Have Higher Reversal Rates In Death Penalty Cases?

This week, we're continuing our comparative analysis of the death penalty appeal cases, both here and over at the Illinois Supreme Court Review. The discussion is particularly timely for California given the Supreme Court's decision largely upholding the controversial death penalty initiative adopted in November by the voters. This week, we disaggregate the Court's overall reversal rate for death penalty cases to look at how the cases have gone, county by county. First, let's review the distribution of death penalty cases from around the State.

In Table 282, we report the county by county data for the years 1994 through 1999. In 1994, the Court decided three cases originating in Los Angeles, and one each from Placer, San Mateo, Alameda and Riverside counties. In 1995, the Court decided six cases from Los Angeles, two from Alameda County, and one each from Riverside, Kern, Stanislaus, Sacramento, Butte and Ventura counties. In 1996, Sacramento County led with three cases. Los Angeles, Riverside, Kern, Stanislaus and Merced counties produced one apiece. In 1997, Los Angeles was back at the top with seven cases. Sacramento produced two, and San Mateo, Kern, Orange, San Diego and San Bernardino counties produced one each. In 1998, Los Angeles led with three cases and Sacramento had two. Riverside, Kern, Orange, Butte, San Diego, Santa Clara and San Francisco produced one case each. In 1999, six counties produced one case apiece: Los Angeles, Alameda, Riverside, San Diego, Santa Cruz and Calaveras.

In Table 283, we report the data for the years 2000 through 2005. In 2000, five cases from Los Angeles County were decided. The Court decided four cases from San Diego and one each from Alameda, Orange, San Bernardino, El Dorado, Shasta and Madera counties. In 2001, the Court decided four death penalty cases from Los Angeles, two each from Riverside and Kern, and one apiece from Orange, Shasta and Fresno counties. In 2002, the Court decided two cases each from Los Angeles, Alameda and Stanislaus counties and one each from San Mateo, Sacramento, Butte, San Diego, San Bernardino, San Francisco, Shasta and Monterey counties. In 2003, the Court decided seven cases from Los Angeles, four from Riverside, two from Santa Clara, and one each from Alameda, Stanislaus, Sacramento, San Bernardino, Shasta, Contra Costa and El Dorado counties. In 2004, the Court decided six death penalty cases from Los Angeles, three each from Orange and San Bernardino, two from Contra Costa, and one apiece from Alameda, Kern, Stanislaus, Sacramento, Shasta, Fresno and San Joaquin counties. Finally, in 2005, the Court decided fourteen death penalty cases from Los Angeles, three from Alameda, two from Sacramento, and one each from San Mateo, Kern, Stanislaus, Ventura, San Diego and Fresno counties.

We report the data for the years 2006 through 2011 in Table 284 below. In 2006, the Court decided five death penalty cases from Los Angeles, two each from San Mateo, Alameda, Orange and Santa Clara counties, and one apiece from Riverside, Kern, San Diego, Fresno and Kings counties. In 2007, the Court decided six cases from Los Angeles, four from Orange, three each from Alameda, San Diego and San Bernardino, and one case apiece from Sacramento, Ventura, Contra Costa and Tulare counties. In 2008, the Court decided nine cases from Los Angeles, three from Riverside, two each from Orange, San Bernardino and Fresno counties, and one each from Placer, San Mateo, Sacramento, Ventura, Tulare, San Luis Obispo, Sonoma and Humboldt counties. In 2009, the Court decided five cases originating from Los Angeles County, four from Riverside, three from Alameda and Santa Clara, two from Orange, San Diego and Fresno counties, and one apiece from San Mateo, Kern, Sacramento, San Bernardino and San Joaquin counties. In 2010, six cases were decided from Los Angeles County, three cases from Riverside, two each from Alameda, Orange, Sacramento and San Bernardino counties, and one each to Kern, San Diego, Tulare, Solano and Santa Barbara counties. In 2011, the Supreme Court decided eight cases from Los Angeles county, five from Riverside, three from San Diego, two from Fresno and Monterey, and one apiece from Alameda, Kern, Orange, Sacramento, San Bernardino and Sonoma counties.

In 2012, Los Angeles County produced eleven death penalty cases. The Court decided three cases from Alameda County, two each from Riverside, Orange, San Diego and San Bernardino counties, and one apiece from Kern, Ventura and Napa counties. In 2013, the Court decided seven death penalty cases originating in Los Angeles County, three from Orange County, two each from Riverside, Kern and Contra Costa counties, and one apiece from Stanislaus, San Diego, Monterey and Tulare counties. In 2014, the Court decided eight cases from Los Angeles, four from Riverside, three from Orange, two from Ventura, and one case apiece from Sacramento, San Diego, Santa Clara, Santa Cruz, San Joaquin, Kings and Tulare counties.

In 2015, Riverside led with six death penalty cases. The court decided three cases from Los Angeles, three from Orange and two from Shasta. The Court decided one case each from Alameda, San Bernardino, Contra Costa and Lake counties. In 2016, the Court decided five cases originating in Los Angeles County, three in Riverside, two apiece in Orange, Madera and San Joaquin counties, and one each in Alameda, Stanislaus, San Diego, San Bernardino, Santa Clara, Shasta, Monterey, Tulare, Marin and Tehama counties. In 2017, the Court has to date decided three death penalty cases from Los Angeles, and one each from Alameda, Orange, Fresno and Kings counties.

Join us back here tomorrow as we address the second half of our question: whether any state's death penalty appeals had an unusually high or low affirmance rate?

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