California Supreme Court,
Appellate Practice
Apr. 25, 2017
Why does it take longer to affirm than to reverse?
We found that whether the court affirms or reverses has a small but noticeable correlation to lag time in civil cases, and a much larger impact in nondeath penalty criminal cases.
Kirk C. Jenkins
Partner
Lewis Roca Rothgerber Christie LLP
Email: KJenkins@lewisroca.com
Harvard Law School
Kirk is a certified specialist in appellate law.
Lag times at the California Supreme Court ? the time from the grant of review to oral argument, and then argument to decision ? have been a frequent subject of discussion for many years in the appellate bar. The subject has been taking on a renewed prominence in recent months because of the litigation over the Proposition 66 death penalty initiative, which many experts argue will slow the pace of civil litigation at the court even more, if not bring it to a complete halt.
But is ther...
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