I continue to track the statistics on the number of petitions for review granted by the Texas Supreme Court where the court of appeals wrote an “Opinion,” versus those where the court of appeals wrote a “Memorandum Opinion.” My prior years’ statistical analysis have dispelled the notion that if the court of appeals writes a “Memorandum Opinion,” the Texas Supreme Court will be less likely to review it. The calendar year for 2022 only helps to further that conclusion.
In 2022, 42% of the petitions for review that the supreme court granted and issued opinions involved “Opinions” issued by the court of appeals, while the remaining 58% involved “Memorandum Opinions.” The high-water mark for “Memorandum Opinions” came in 2019, when the Texas Supreme Court’s petition for review docket consisted of 61% Memorandum Opinions.
The reversal rate for both types of opinions was statistically the same.
Per curiam opinions. Per curiam opinions are unsigned opinions issued by the whole court. These opinions are generally used by the court to correct errors where the error is clear-cut and oral argument isn’t needed. The court can in effect correct an error without devoting more court resources than absolutely necessary. In the year 2022, the court issued 19 per curiam opinions on petition for review. Of those 19 opinions, the court of appeals was reversed 100% of the time. This is the same reversal rate for per curiam dispositions as in 2021.