REVERSAL RATES FOR TEXAS SUPREME COURT AND TEXAS
COURTS OF APPEALS DIFFER GREATLY
How many cases does the Texas Supreme Court hear and decide with opinion per
year, and how often does the court reverse and affirm in the cases the Court decides
to decide?
BY WOLFGANG P. HIRCZY DE MINO
STATISTICS ON TEXAS SUPREME COURT OPINION PRODUCTION: ANNUAL
OUTPUT IS COMPARABLE TO THAT OF THE SUPREME COURT OF THE
UNITED STATES: Intermediate courts of appeals issue much larger number of
opinions per member.
Over the course of the fiscal year that ended August 31, 2007, the TEXAS SUPREME COURT
released 170 opinions, approximately 15% more compared to the year before. 40.6% of the
FY 2007 opinions were unsigned per curiam opinions. 36.5% were majority opinions, 11.2%
were dissenting opinions and 6.5% were concurring opinions. The average time from filing to
disposition was 195 days. [The Texas Supreme Court does no report productivity statistics for
calendar years. Only fiscal year data is available from the Office of Court Administration.]
For the COURTS OF APPEALS the number of opinions issued varied from 352 for the
Eastland Court of Appeal (with three members) to 1,567 for Dallas (the largest appellate court
with 13 members). The First and Fourteenth Courts of Appeals, both of which have 9
members like the Supreme Court, but unlike the high court sit in panels of three, handed down
1,234 and 1,194 opinions, respectively, in the same time period.
The Court of Criminal Appeals issued 575 opinions in Fiscal Year 2007.
THE TEXAS SUPREME COURT'S REVERSAL RATE: VERY HIGH
NO EVEN DISTRIBUTION HERE: In 73% of the granted-PFR cases decided in FY 2007, the
Texas Supreme Court reversed the lower court. The seven affirmances accounted for
only 6.3%. Thus, the odds of reversal are high, once the Court has agreed to grant a petition,
and decide the issue(s) in the case on the merits. Opinions on denial of petition for review
(PFR) are rare, but not unheard of.
The opposite pattern is found in the case dispositions of the intermediate Courts of Appeals.
In 41.7% of these appeals, the judgment of the trial court was affirmed. The reversal rate of
the intermediate appellate courts was only 6.3%. Dismissals accounted for a large share
of case dispositions in the fourteen courts of appeals.
DECIDING WHETHER TO DECIDE: It should be noted that the reversal rate of the Supreme
Court and the reversal rates of the intermediate courts of appeals are not directly
comparable. This is because (1) the courts of appeals - unlike the Supreme Court - do not
have discretionary review powers and thus much lesser ability to control their docket, and (2)
they hear both civil and criminal appeals. The Supreme Court, by contrast, decides on the
merits and issues opinions in only those cases it chooses to hear. Its caseload is limited to
appeals in civil matters, which includes juvenile cases. Criminal appeals go from the courts of
appeals to the COURT OF CRIMINAL APPEALS, or directly to the latter.
Source: Annual Report of the Texas Judiciary
See related articles on Texas appellate decision / disposition patters:
Texas Supreme Court Per Curiam Opinions: 2008 Mid-Year Tally
Texas Supreme Court's PFR Grant and Reversal Rate for Fiscal Year 2006 [PFR stands for
Petition for Review]
Texas Courts of Appeals Reverse Rarely (summary of reversal rates for courts of appeals
based on FY 2006 data)
COURTS OF APPEALS DIFFER GREATLY
How many cases does the Texas Supreme Court hear and decide with opinion per
year, and how often does the court reverse and affirm in the cases the Court decides
to decide?
BY WOLFGANG P. HIRCZY DE MINO
STATISTICS ON TEXAS SUPREME COURT OPINION PRODUCTION: ANNUAL
OUTPUT IS COMPARABLE TO THAT OF THE SUPREME COURT OF THE
UNITED STATES: Intermediate courts of appeals issue much larger number of
opinions per member.
Over the course of the fiscal year that ended August 31, 2007, the TEXAS SUPREME COURT
released 170 opinions, approximately 15% more compared to the year before. 40.6% of the
FY 2007 opinions were unsigned per curiam opinions. 36.5% were majority opinions, 11.2%
were dissenting opinions and 6.5% were concurring opinions. The average time from filing to
disposition was 195 days. [The Texas Supreme Court does no report productivity statistics for
calendar years. Only fiscal year data is available from the Office of Court Administration.]
For the COURTS OF APPEALS the number of opinions issued varied from 352 for the
Eastland Court of Appeal (with three members) to 1,567 for Dallas (the largest appellate court
with 13 members). The First and Fourteenth Courts of Appeals, both of which have 9
members like the Supreme Court, but unlike the high court sit in panels of three, handed down
1,234 and 1,194 opinions, respectively, in the same time period.
The Court of Criminal Appeals issued 575 opinions in Fiscal Year 2007.
THE TEXAS SUPREME COURT'S REVERSAL RATE: VERY HIGH
NO EVEN DISTRIBUTION HERE: In 73% of the granted-PFR cases decided in FY 2007, the
Texas Supreme Court reversed the lower court. The seven affirmances accounted for
only 6.3%. Thus, the odds of reversal are high, once the Court has agreed to grant a petition,
and decide the issue(s) in the case on the merits. Opinions on denial of petition for review
(PFR) are rare, but not unheard of.
The opposite pattern is found in the case dispositions of the intermediate Courts of Appeals.
In 41.7% of these appeals, the judgment of the trial court was affirmed. The reversal rate of
the intermediate appellate courts was only 6.3%. Dismissals accounted for a large share
of case dispositions in the fourteen courts of appeals.
DECIDING WHETHER TO DECIDE: It should be noted that the reversal rate of the Supreme
Court and the reversal rates of the intermediate courts of appeals are not directly
comparable. This is because (1) the courts of appeals - unlike the Supreme Court - do not
have discretionary review powers and thus much lesser ability to control their docket, and (2)
they hear both civil and criminal appeals. The Supreme Court, by contrast, decides on the
merits and issues opinions in only those cases it chooses to hear. Its caseload is limited to
appeals in civil matters, which includes juvenile cases. Criminal appeals go from the courts of
appeals to the COURT OF CRIMINAL APPEALS, or directly to the latter.
Source: Annual Report of the Texas Judiciary
See related articles on Texas appellate decision / disposition patters:
Texas Supreme Court Per Curiam Opinions: 2008 Mid-Year Tally
Texas Supreme Court's PFR Grant and Reversal Rate for Fiscal Year 2006 [PFR stands for
Petition for Review]
Texas Courts of Appeals Reverse Rarely (summary of reversal rates for courts of appeals
based on FY 2006 data)
| APPELLATE REVERSAL RATES: TEXAS SUPREME COURT CASES vs. INTERMEDIATE COURTS OF APPEALS |