Yesterday, we reviewed the data about how the Court's criminal docket has been divided between cases in which the State was the appellant and defense appeals. Today, we look at the State's year-by-year winning percentage in each role.
For the years 1990 through 1995, the State's winning percentage in criminal appeals varied up and down from one year to the next. In 1990, the State won 70% of its criminal cases as appellant. The State's winning percentage fell to 57.14% in 1991, was back up to 83.72% in 1992, down to 57.14% in 1993 and 69.23% in 1994 and 80.77% in 1995.
For the years 1996 through 2004, the State's winning percentage as appellant matched fairly closely the overall reversal rate. The State won half its cases in 1996, only 41.18% in 1997, 52.17% in 1998, half in 1999 and 2000 and 55% in 2001. The State won only 41.18% of its cases as appellant in 2002 and 48.72% in 2003. The State's winning percentage as appellant rose to two-thirds in 2004.
Following 2004, the State's winning percentage as appellant drifted upwards, and has stayed there for the most part in the last decade. The State won 65.52% of its cases as appellant in 2005, 81.48% in 2006 and all its cases in 2007. The State won 69.23% in 2008, 72.73% in 2009 and 86.36% in 2010. The State won 69.23% in 2011, 60% in 2012 and 77.78% in 2013. The State's winning percentage fell to half in 2014, but rose back to 89.47% in 2015 and 72% in 2016.
In Table 573, we review the State's winning percentage in appeals which the defendants initiated. The State won two-thirds of such cases in 1990, 92% in 1991, 81.25% in 1992 and 85.19% in 1993. The State won 70.27% in 1994, 81.13% in 1995 and 76.47% in 1996.
The State's winning percentage in defense appeals dropped during the years 1997 through 2003. In 1997, the State won 59.57%. It won 64% in 1998, 58.82% in 1999, 65.15% in 2000, 67.57% in 2001, 54.05% in 2002 and 76% in 2003. The State's winning percentage fell to 51.72% in 2004.
The State won three-quarters of defense appeals in 2005. The following year, it won 79.17%, but only 47.06% in 2007. The State won 62.5% in 2008, 63.33% in 2009, and 87.88% in 2010. The State's winning percentage reverted to trend in 2011 at 68.18%. The State won 53.33% in 2012 and 55% in 2013. The State's winning percentage jumped to 85.71% in 2014, but was only 57.14% in 2015 and 54.55% in 2016.
Join us back here next Tuesday as we continue our analysis of the Court's decision making.
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