Tagstate supreme court

State supreme courts have issued more than 2,700 decisions this year

By Mercedes Yanora
In State
June 5, 2023 at 10:32 AM

State supreme courts issued 89 opinions from May 22-28. The Delaware Supreme Court led the field with nine opinions issued, followed by Massachusetts, Montana, and New York with six each.

Last week’s 89 opinions account for 3% of the year-to-date total of 2,754. The West Virginia Supreme Court leads with 201 opinions issued since Jan. 1, followed by Pennsylvania with 194 and Delaware with 168.

State supreme courts have been issuing an average of 131 opinions per week so far this year. This figure is lower compared to the total weekly average in 2022, which stood at 143 opinions per week, and also lower than the average of 160 opinions issued per week in 2021.

Supreme courts in 16 states have issued fewer than 25 opinions since the start of the year.

Some of the state supreme court opinions issued this year include those in:

  • Tennessee, where the court held that “a defendant healthcare provider cannot be compelled to provide expert opinion testimony about a co-defendant healthcare provider’s standard of care and/or deviation from that standard;”
  • New York, where the court “held that the negligence claims brought in this case involving two separate murders on property owned by the New York City Housing Authority (NYCHA) should advance to a jury trial;” and,
  • Colorado, where the court affirmed that “when a defendant presents psychiatric evidence supporting their insanity defense, they can open the door to the admission of psychiatric evidence rebutting that defense, even if the evidence includes the defendant’s voluntary but non-Miranda-compliant statements. Additionally, the Court held that § 16-8-103.6(2)(a), C.R.S. (2022)’s waiver of privilege as to ‘communications made by the defendant to a physician or psychologist’ includes communications made to a physician’s or psychologist’s agents.”

Supreme courts in Pennsylvania, West Virginia, Texas, and Delaware regularly end the year as some of the country’s most active courts. Collectively, they accounted for 26% of all opinions issued in 2021 and 2022, and, to date, 28% in 2023.

Every state and the District of Columbia have at least one supreme court, known as a court of last resort. Oklahoma and Texas have two courts of last resort, one for civil cases and one for criminal proceedings. Supreme courts do not hear trials of cases. Instead, they hear appeals of decisions made in lower courts. The number of justices on each state supreme court ranges between five and nine.

In 2020, we conducted a study identifying the partisan balance on every state supreme court. You can find that research here. We also identified which justices ruled together most often in our Determiners and Dissenters report found here.



Wisconsin Supreme Court issues three opinions from May 15-21

By Mercedes Yanora
In State
May 24, 2023 at 9:02 PM

The Wisconsin Supreme Court issued three opinions from May 15-21. As of May 21, the court issued 34 opinions in 2023 — 10 more than this point a year ago. The three opinions are below: 

  • Fleming v. Amateur Athletic Union of United States, Inc., where the court “affirmed the order of the circuit court dismissing Femala Fleming’s action against Amateur Athletic Union of the United States, Inc. (AAU) as untimely under Wis. Stat. 893.54, holding that Fleming’s negligence claim against AAU was not timely filed.”
  • State v. Johnson, where the court “overruled State v. Shiffra, 499 N.W.2d 719 (Wis. Ct. App. 1993), which created a process by which a criminal defendant could obtain a limited review by way of in camera review by the court of a victim’s privately-held, otherwise privileged health records, holding that Shiffra is unsound in principle and unworkable in practice and has been undermined by developments in the law.”
  • Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, where the court “held that the challenges to the victim’s rights amendment termed ‘Marsy’s Law’ that was brought by Wisconsin Justice Initiative, Inc. and several citizens (WJI) failed and that the amendment was validly ratified and properly part of the Wisconsin Constitution.”

From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.

The Wisconsin Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Annette Ziegler. The court issued 68 opinions in 2022 and 79 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Iowa Supreme Court issues two opinions from May 15-21

By Mercedes Yanora
In State
May 24, 2023 at 8:43 PM

The Iowa Supreme Court issued two opinions from May 15-21. As of May 21, the court issued 56 opinions in 2023 — five fewer than this point a year ago. Both of the opinions are below: 

  • Sutton v. Council Bluffs Water Works, where the court “affirmed the judgment of the district court denying the motion filed by the Council Bluffs Water Works’ to dismiss the claim brought by Jim and Angela Sutton for strict liability, holding that the district court did not err in failing to dismiss Suttons’ strict liability claim.”
  • Venckus v. City of Iowa City, where the court “affirmed the judgment of the district court granting summary judgment to a police detective and his city employer in this case alleging defamation, abuse of process, and malicious prosecution, holding that there was no error.” 

From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.

The Iowa Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Susan Christensen. The court issued 110 opinions in 2022 and 112 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Iowa is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.  

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Colorado Supreme Court issues four opinions from May 15-21

By Mercedes Yanora
In State
May 24, 2023 at 8:28 PM
Photo of Colorado State Supreme Court building

The Colorado Supreme Court issued four opinions from May 15-21. As of May 21, the court issued 25 opinions in 2023 — one more than this point a year ago. Three of four opinions are below: 

  • Arvada Village Gardens v. Garate, where the court concluded that the federal 30-day notice provision enacted under the CARES Act is still in effect for covered properties. 
  • In the Matter of: Former Judge Mark D. Thompson, where the court publicly censured Former Judge Mark D. Thompson of the Fifth Judicial District and upheld the recommendations of the Colorado Commission on Judicial Discipline.
  • Liggett v. Colorado, where the court affirmed that “when a defendant presents psychiatric evidence supporting their insanity defense, they can open the door to the admission of psychiatric evidence rebutting that defense, even if the evidence includes the defendant’s voluntary but non-Miranda-compliant statements. Additionally, the Court held that § 16-8-103.6(2)(a), C.R.S. (2022)’s waiver of privilege as to ‘communications made by the defendant to a physician or psychologist’ includes communications made to a physician’s or psychologist’s agents.”

From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.

The Colorado Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Brian Boatright. The court issued 61 opinions in 2022 and 59 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Colorado is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Indiana Supreme Court issues one opinion from May 15-21

By Mercedes Yanora
In State
May 24, 2023 at 7:59 PM

The Indiana Supreme Court issued one opinion from May 15-21. As of May 21, the court issued 16 opinions in 2023 — 12 fewer than this point a year ago. The one opinion is below: 

  • Oberhansley v. State, where the court “affirmed Defendant’s sentence of life imprisonment without the possibility of parole (LWOP) in connection with his conviction for the murder and burglary of his ex-girlfriend, holding that Defendant’s LWOP sentence was not inappropriate.”

From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.

The Indiana Supreme Court is the state’s court of last resort and has five judgeships. The current chief of the court is Loretta H. Rush. The court issued 44 opinions in 2022 and 50 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Indiana is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.

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New York Court of Appeals issues four opinions from May 15-21

By Mercedes Yanora
In State
May 24, 2023 at 6:56 PM

The State of New York Court of Appeals issued four opinions from May 15-21. As of May 21, the court issued 30 opinions in 2023 — 10 fewer than this point a year ago. Three of four opinions are below: 

  • People v. Johnson, where the court “reversed the denial of Defendant’s motion to suppress evidence seized as a result of a stop and frisk, holding that the circumstances of this case did not warrant a level three stop and frisk under People v. De Bour, 40 N.Y.2d 210 (1976).”
  • People v. Saenger, where the court “affirmed in part and reversed in part Defendant’s criminal convictions, holding that the count of the indictment charging Defendant with aggravated family offense was jurisdictionally defective and must be dismissed but that there was no error as to Defendant’s conviction of criminal contempt in the first degree.”
  • Hoehmann v. Town of Clarkstown, where the court “affirmed the order of the appellate division concluding that the underlying challenge to Local Law No. 9-2014 was not time-barred by either a four-month or a six-year statute of limitations, holding that there was no error.” Local Law No. 9-2014 “purportedly set an eight-year term limit for all Clarkstown elected officials and required a supermajority vote of the Town Board to repeal.”

From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.

The State of New York Court of Appeals is the state’s court of last resort and has seven judgeships. The current chief of the court is Rowan Wilson. The court issued 85 opinions in 2022 and 69 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Florida Supreme Court issues two opinions from May 15-21

By Mercedes Yanora
In State
May 24, 2023 at 6:40 PM

The Florida Supreme Court issued two opinions from May 15-21. As of May 21, the court issued 38 opinions in 2023 — 13 fewer than this point a year ago. Both of the opinions are below: 

  • Orme v. State, where the court “affirmed the sentence of death imposed at Defendant’s second resentencing for first-degree murder, holding that … (1) Defendant’s sentence did not violate the Eighth Amendment; and (2) Defendant’s remaining arguments lacked merit.”
  • Foley v. State, where the court “dismissed Petitioner’s pro se petition for writ of mandamus and sanctioned him for his repeated misuse of the judicial system’s resources, holding that … Petitioner’s petition was frivolous and that Petitioner demonstrated a pattern of vexatious filing of meritless pro se requests for relief.”

From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.

The Florida Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Carlos Muñiz. The court issued 108 opinions in 2022 and 115 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Florida is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.

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Texas Supreme Court and Court of Criminal Appeals issue 15 opinions from May 15-21

By Mercedes Yanora
In State
May 24, 2023 at 4:09 PM

The Texas Court of Criminal Appeals issued eight opinions from May 15-21. The Texas Supreme Court issued seven opinions from May 15-21. Both courts are the state’s courts of last resort. As of May 21, the court of criminal appeals issued 138 opinions in 2023 — 25 more than this point a year ago. The supreme court issued 64 opinions as of May 21, 2023 — nine fewer than this point a year ago. Three of 15 opinions are below: 

  • Pecos County Appraisal District v. Iraan-Sheffield Independent School District (Opinion), where the court “held that no statute expressly authorizes a school district to retain a lawyer on a contingent-fee basis to prosecute litigation designed to increase the appraised value of property so as to generate more tax receipts for the school district and that authority for such an arrangement cannot be implied from a school district’s express authority to bring litigation regarding appraisals.”
  • USA Lending Group, Inc. v. Winstead PC (Opinion), where the court “reversed the judgment of the court of appeals reversing the decision of the district court denying Winstead PC’s motion to dismiss USA Lending Group, Inc.’s malpractice claim brought under the Texas Citizens Participation Act in this legal malpractice case, holding that Winstead presented prima facie evidence sufficient to survive a motion to dismiss.”
  • Bryant, Kerwin Bernard Appeal from 399th District Court of Bexar County (original per curiam), where the court directed that the applicant may file an out-of-time appeal of his conviction. The applicant was convicted of aggravated robbery and sentenced to 30 years imprisonment.

From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.

The Texas Court of Criminal Appeals and the Texas Supreme Court are the state’s courts of last resort. The former is the state’s court of last resort for criminal matters, while the latter is the state’s court of last resort for civil matters; both have nine judgeships. Sharon Keller and Nathan Hecht are the current chiefs of the criminal and supreme courts, respectively. Combined, the courts issued 413 opinions in 2022 and 536 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Texas is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature. 

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State supreme courts issue 110 opinions between May 8-14

By Mercedes Yanora
In State
May 18, 2023 at 4:41 PM

State supreme courts issued 110 opinions between May 8-14. The North Dakota Supreme Court led the field with 12 opinions issued, closely followed by Pennsylvania with 11 and Arkansas with eight.

Last week’s 110 opinions account for 4% of the year-to-date total of 2,474. The Supreme Court of Appeals of West Virginia still sits at the top of the yearly leader board with 178 opinions issued this year, followed by Pennsylvania with 170 and Delaware with 151.

Supreme courts in 18 states have issued fewer than 25 opinions since the start of the year.

Some of the state supreme court opinions issued this year include those in:

  1. Wisconsin, where the court affirmed that an arbitrator did not exceed his powers when disciplining a Green Bay Police Department detective;
  2. Texas, where the court “held that Texas courts have specific jurisdiction over German automobile manufacturers based on their intentional post-sale tampering with affected vehicles that were owned, operated, and serviced in Texas;” and,
  3. Iowa, where the court dismissed the Iowa Department of Human Services’ (DHS) appeal against a district court’s ruling that Iowa’s Medicaid program must pay for sex reassignment surgery.

Supreme courts in Pennsylvania, West Virginia, Texas, and Delaware regularly end the year as some of the country’s most active courts. Collectively, they accounted for 26% of all opinions issued in 2021 and 2022, and, to date, 28% in 2023.

Every state and the District of Columbia have at least one supreme court, known as a court of last resort. Oklahoma and Texas have two courts of last resort, one for civil cases and one for criminal proceedings. Supreme courts do not hear trials of cases. Instead, they hear appeals of decisions made in lower courts. The number of justices on each state supreme court ranges between five and nine.



New Jersey Supreme Court issues one opinion from May 8-14

By Mercedes Yanora
In State
May 17, 2023 at 10:36 PM

The New Jersey Supreme Court issued one opinion from May 8-14. As of May 14, the court issued 20 opinions — three fewer than this point a year ago. The opinion is below:

  • New Jersey v. Bullock, where the court “suppressed all of defendant’s statements, finding that he was in custody in the courtyard and should have been properly advised of his rights, which did not occur. The trial court also suppressed the statements defendant made at the police station because of improper administration and waiver of Miranda rights. The Appellate Division affirmed, agreeing with the trial court that defendant’s statements in the courtyard must be suppressed. The New Jersey Supreme Court concurred with the Appellate Division and affirmed suppression of defendant’s statements.”

From May 8-14, state supreme courts issued 110 opinions nationally. The North Dakota Supreme Court issued the most with 12. State supreme courts in 20 states issued the fewest with zero. Courts where judges are elected have issued 68 opinions, while courts whose members are appointed have issued 42.

The New Jersey Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Stuart Rabner. The court issued 55 opinions in 2022 and 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,474 opinions in 2023. Courts where judges are elected have issued 1,390 opinions, while courts whose members are appointed have issued 1,084. New Jersey is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature. 

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