Of the 32 authored opinions of the term, 12 were unanimous (no separate opinions). The Government prevailed in 9 of these 12. An additional 6 cases involved only separate concurring opinions, for a total of 18 cases with no dissents (56% of the total of 32 cases). Of these 18 cases, the Government prevailed in 12 (66%).

The other 14 cases involved a total of 18 separate dissenting opinions. Broken down by judge:

  • Chief Judge Baker dissented 10 times and wrote 9 dissenting opinions.
  • Judge Ryan dissented 4 times and wrote 3 dissenting opinions.
  • Judge Ohlson dissented 3 times and wrote dissenting opinions in all 3 cases.
  • Judge Stucky dissented 2 times and wrote dissenting opinions in both cases.
  • Senior Judge Effron dissented 2 times and wrote a dissenting opinion in 1 case.
  • Judge Erdmann dissented 2 times but wrote dissenting separate opinions.

These dissents favored the Government as follows:

  • Chief Judge Baker sided with the Government in 7 out of 10 dissents (70%).
  • Judge Ryan sided with the Government in 2 out of 4 dissents (50%).
  • Judge Ohlson sided with the Government in 1 out of 3 dissents (33%).
  • Judge Stucky sided with the Government in neither of his 2 dissents (0%).
  • Senior Judge Effron sided with the Government in neither of his 2  dissents (0%).
  • Judge Erdmann sided with the Government in neither of his 2 dissents (0%).

These numbers count the dissents by Judges Stucky and Ryan in Treat as siding with the Defense.

Of the 14 cases with dissents, only 5 cases involved lone dissenters. Of these 5 cases, Chief Judge Baker was the lone dissenter in 4 (Warner, Wilson, McPherson, and Davenport), siding with the Government in each case. Judge Ohlson was the lone dissenter in 1 (Frey), siding with the Defense. No other judge was a lone dissenter.

Another interesting statistic is the comparison of who wrote for the court compared with when there were dissents and who dissented. In order of least-dissenters to most:

Chief Judge Baker wrote for the court in 7 cases, of which only 1 (14%) had a dissenter. That was Judge Ohlson in Frey.

Judge Ryan wrote for the court in 7 cases, of which 2 (29%) had dissenters. Chief Judge Baker dissented in both of these cases and wrote separately in both. Judge Ohlson dissentedt in 1, joining the Chief Judge’s opinion.

Judge Erdmann wrote for the court in 5 cases, of which 2 (40%) had dissenters. Senior Judge Effron dissented in both cases, writing 1 separate opinion. Chief Judge Baker dissented in 1 case and wrote a separate opinion. Judge Ryan also dissented in 1 case and wrote separately.

Judge Ohlson wrote for the court in 4 cases, of which 2 (50%) had dissenters. Judge Ryan dissented in both cases, writing separately in both. Chief Judge Baker and Judge Stucky each dissented in 1 case, and each wrote a separate opinion.

Judge Stucky wrote for the court in 9 cases, of which 7 (78%) had dissenters. Chief Judge Baker dissented in all 7, writing a separate opinion in 6. Judge Ohlson dissented in 2, writing separate opinions in both. Judges Erdmann and Ryan each dissented in 1, but neither wrote separately.

Looking at last year’s dissent stats, I note that last year Chief Judge Baker was tied with Judge Stucky for most number of dissents (7 each) and Chief Judge Baker was the most likely to draw dissents when he wrote for the court (5 out of 8 – 62.5%). But this year, while Chief Judge Baker dissented more than any other judge (10 in total – authoring separate opinions in 9), he was least likely to draw dissents when he wrote for the court.

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