United States: How Often Did The California Supreme Court Reverse Death Penalty Judgments (Part 1)?

Earlier this week, we began our review of the Illinois Supreme Court's record with death penalty appeals between 1990 and the abolition of the death penalty in 2011.  Today and tomorrow, we're comparing the California Supreme Court's data on death penalty cases.

In Table 276, we report the number of death penalty appeals the Court decided, year-by-year.  In 1994, the Supreme Court decided seven death penalty appeals.  The following year, the Court decided fifteen death penalty appeals.  In 1996, the Court decided eight death penalty appeals.  In 1997, the Court decided fourteen death penalty appeals.  In 1998, the Court decided thirteen.  In 1999, the Court decided six death penalty appeals.  The following year, the Court decided fifteen cases, and the Court decided eleven in 2001.

In Table 277, we report the results for the same years, divided into affirmances, partial reversals with the death penalty left in place, partial reversals with the death penalty vacated, and complete reversals.  In 1994, the Court affirmed in 100% of its death penalty cases.  In 1995, the Court affirmed in 86.67% of cases, partially reversed with the death penalty intact in 6.67%, and partially reversed with the death penalty vacated in the same fraction.

In 1996, the Court affirmed completely in 75% of its death penalty cases.  The Court partially reversed with the death penalty affirmed in the remaining 25%.  In 1997, the Court affirmed in 71.43% of its death penalty cases.  The Court partially reversed with the death penalty affirmed in 14.29% of its cases, partially reversed with the death penalty vacated in 7.14% and completely reversed in 7.14%.  In 1998, the Court affirmed in 84.62% of its death penalty cases.  The Court partially reversed with the death penalty affirmed in another 7.69%, and completely reversed in another 7.69%.

In 1999, the Court affirmed in 100% of its death penalty cases.  The following year, the Court affirmed 93.33% of the time, and partially reversed with the death penalty affirmed in 6.67% of its cases.  In 2001, the Court affirmed 90.91% of the time, and partially reversed with the death penalty vacated 9.09% of the time.

In Table 278, we report the number of death penalty appeals, year by year, for the next eight years.  In 2002, the Court decided fourteen death penalty appeals.  Each year following, the number increased – twenty decisions in 2003, 21 in 2004 and 26 in 2005.  The Court decided nineteen death penalty appeals in 2006, 23 in 2007, 26 in 2008 and 25 in 2009.

Join us back here tomorrow as we address the Court's experience with death penalty cases in the most recent years.

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