Appellate

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On June 29, 2018, a jury returned a defense verdict in federal court in Dykes v. Cleveland Nursing and Rehabilitation Center, LLC.  The verdict concluded a 5 day trial. Plaintiff alleged the nursing home negligently failed to adequately prevent and treat a sacral wound, dehydration and infection. Plaintiff argued the staff’s negligent care caused the injuries and death of the 90 year old resident. The nursing home responded that the staff complied with the standard…
habeas corpus
Yesterday, we reviewed the Court’s insurance law cases.  Today, we’re looking at the Court’s habeas corpus cases.  From 1991 to 2017, the Court decided eighty-nine habeas corpus cases. The Court decided one habeas case in 1991, six in 1992, five in 1993, one in 1994, five in 1995, four in 1996 and zero in 1997. The Court decided six habeas cases in 1998, three in 1999, none in 2000, one in 2001, two in 2002…
Last time, we looked at the Court’s insurance law caseload.  Today, we’re reviewing the Court’s habeas corpus decisions. Between 1990 and 2017, the Court decided 224 habeas corpus cases.  The Court decided four habeas cases in 1990, eight in 1991, eleven in 1992, five in 1993, seven in 1994, seventeen in 1995 and nine in 1996.   The Court decided ten habeas cases in 1997, nine in 1998, eight in 1999, twenty-nine in 2000, thirteen…
For the past two weeks, we’ve been looking at the Court’s government/administrative law and criminal sentencing cases.  This week and next, we’re going to look at the Court’s insurance law cases on the civil side, and its habeas corpus cases on the criminal law side. Between 1990 and 2017, the Court decided eighty-six insurance law cases.  The Court decided three cases in 1990, two in 1991, nine in 1992, four per year in 1993, 1994…
For the past two weeks, we’ve been reviewing the Court’s government and administrative law cases on the civil side and sentencing law cases on the criminal docket.  This week and next, we’re looking at the Court’s insurance law and habeas corpus cases. Between 1991 and 2017, the Court decided seventy-three insurance law cases.  In 1991, the Court decided three insurance law cases.  The Court decided six cases in 1992, three in 1993, two in 1994,…
In 2016 I covered a $8.5 million (comparative fault reduced it to $3.4 million) Gulfport federal court verdict in Williams v. Manitowoc Cranes. I wrote: On Thursday a federal court jury in Gulfport rendered an $8.5 million verdict in Williams v. Manitowoc Cranes, LLC. The case involved a crane accident in which the plaintiff suffered a traumatic brain injury. The plaintiffs filed the case in federal court in 2014. The jury determined that the crane…
Hike’s over. It was….hard. Hiking 18-20 miles a day above 10,000 feet is tough for a desk jockey from sea level. You know why there aren’t any tall mountains in this picture? Because this is what it looks like when you are on top of them. The good news is my summer sabbatical from blogging ends this week. The bad news is I didn’t miss it. I thought about pulling the plug. The main reason…
Yesterday, we reviewed the Court’s record with civil cases involving governmental parties and administrative law.  Today, we’re on the criminal law side of the docket, reviewing the Court’s experience with cases involving criminal sentencing. Not surprisingly (given the percentage of criminal law appellate decisions won by the government), the Court has heard more prosecution wins from the Court of Appeal than defendants’ wins: 61.71% of the Court’s criminal sentencing cases were won by the prosecution…
Last week, we reviewed the Court’s history since 1992 with government and administrative law cases on the civil side, and sentencing law cases on the criminal docket.  This week, we’re looking at three questions: (1) does the Court tend to take more cases in each area won by one side or the other below; (2) how does the Court’s reversal rate vary, based upon which side won below; and (3) overall, how often has the…
prison
Yesterday, we took a close look at the Court’s history with civil cases involving governmental parties and administrative law.  Today, we’re on the criminal law side of the docket, reviewing the Court’s experience with cases involving criminal sentencing. Since 1990, the Court has taken a virtually equal number of sentencing cases won by each side – sixty-one prosecution wins at the Appellate Court, sixty-three defense wins.  Not surprisingly, that’s where the similarity ends.  The Court…