Thursday, July 18, 2002
Stats (courts, not blogs)
Howard is 100% right on this, and I appreciate the clarification. The outcome of any given appeal depends on the reviewing court's evaluation of the correctness of the decision below, and I didn't mean to suggest a fixed number of appeals considered on their merits (e.g., 90% or so) fail to obtain the relief they seek because courts have set targets or limits on the number of cases to be reversed. Each case is considered independently by a reviewing court, and if all of its cases in a given year call for reversal under the applicable law and standards of review, then all of those appellants will go home victorious. Courts probably hate to see sweeping statistical generalizations about themselves as much as you or I do. But statistics, flawed as they are, provide a historical overview. It's impossible to say in any given case what will happen, but -- owing to the conscientious efforts of trial judges, and the appellate courts' deference to them in many instances, among other considerations -- as an appellant in most jurisdictions (including the Third Circuit), Vegas would give you long odds. Of course, that doesn't mean you don't have the legs to win the Derby.
posted by Denise at 7:51 AM
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