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Yesterday, we began analyzing Justice Freeman’s question patterns in civil cases.  Today, we analyze whether it is more likely that Justice Freeman will ask the first question, depending on his vote and whether he’s writing an opinion.

Overall, when Justice Freeman is in the majority of an affirmance, there’s a 12.5% chance that Justice Freeman will ask the first question of appellants, and a 7.29% chance that he’ll ask the first question of appellees.  Writing the majority opinion had no consistent impact; when Justice Freeman wrote the majority opinion, there was a 5.26% chance that he would ask the first question of appellants, but a 15.79% chance that he would ask the first question of appellees.  When not writing an opinion, there was a 13.51% chance that Justice Freeman would ask the first question of appellants, but a 5.41% chance that he would ask the first question of appellees.

When Justice Freeman is in the majority of a reversal, there’s a 23.27% chance that he’ll ask the first question of appellants, and a 11.32% chance that he’ll ask the first question of appellees.  When he’s writing the majority opinion, there’s a 11.77% chance that he’ll ask the first question of appellants, and a 5.88% chance that he’ll ask the first question of appellees.  When he’s not writing an opinion, there’s a 25% chance that Justice Freeman will ask the first question of appellants, but a 12.5% chance that he’ll ask the first question of appellees.

Table 471

There’s a 25% chance that Justice Freeman will ask the first question of appellants when he’s voting in the minority of an affirmance.  There’s a 50% chance that he’ll ask the first question of appellees.  When writing a dissent, there’s a 20% chance that Justice Freeman will ask the first question of appellants, but an 80% chance that he’ll ask the first question of appellees.  When not writing an opinion, there’s a one-in-three chance that Justice Freeman will ask the first question of appellants.  When in the minority of a reversal, there’s a 45.45% chance that Justice Freeman will ask the first question of appellants, and an 18.18% chance that he’ll ask the first question of appellees.  Writing the dissent has virtually no impact on the likelihood of Justice Freeman asking the first question of either side.  In such cases, there is a 44.45% chance of Justice Freeman asking the first question of appellants when he’s writing the dissent, and a 22.22% chance of asking the appellee the first question.  When Justice Freeman is not writing an opinion, there’s a 50% chance that Justice Freeman will ask an appellant the first question.

Table 472

Join us back here next Tuesday when we analyze Justice Freeman’s record in oral arguments in criminal cases.

Image courtesy of Flickr by Adam Moss (no changes).