When Justice Kruger votes with the majority in a criminal case, she follows the expected pattern, more heavily questioning the losing party. When she joins the majority in an affirmance, she averages 2.38 questions to appellants and 1.91 to respondents. When she joins the majority in a reversal, she averages 3.6 questions to respondents and 3 to appellants. When she joins the majority in a split decision, she averages 1.77 questions to respondents and 1.68 to appellants.
When Justice Kruger dissents, she more heavily questions the side she is voting against, rather than the side the majority has found against. When the majority affirms but she votes to reverse, she averages 6.67 questions to respondents and 5 to appellants. When the majority reverses but she votes to affirm, she averages 7 questions to appellants, 6 to respondents.
When the majority affirms but Justice Kruger supports a split result, she averages 2.25 questions to appellants and 2.5 to respondents. When the majority reverses but Justice Kruger supports a split result, she averages 2 questions to each side. When the majority affirms in part and reverses in part but Justice Kruger votes to reverse outright, she averages 10 questions to respondents and 4.5 to appellants.
Join us back here next week as we continue our review of the oral argument data.
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Originally published by California Supreme Court Review
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