Parties (and their counsel) to a court of appeals’ disposition of an appeal sometimes worry that if the court disposed of the appeal by issuing a “Memorandum Opinion” instead of an “Opinion,” the chances of obtaining review by the Texas Supreme Court will be diminished. Statistics in recent years have helped to dispel this concern.
Review of Opinions and Memorandum Opinions in 2020
Last year, I reported that the Texas Supreme Court granted a record number of petitions for review in cases where the court of appeals had issued an opinion designated as a “Memorandum Opinion.” The statistics seem to dispel the notion that there is an inherent bias against review of “Memorandum Opinions.
In 2020, the number…
“Opinions,” “Memorandum Opinions,” and Texas Supreme Court Review
For many years after the Texas Supreme Court adopted rules that divided the opinions issued by the intermediate courts of appeals into “opinions” and “memorandum opinions,” many appellate practitioners privately concluded that if an opinion was designated “memorandum opinion,” the chances of getting Texas Supreme Court review were substantially reduced. But in 2018, I reported…
The Texas Supreme Court’s Docket, Part 3
There’s a perception in some appellate circles that if the court of appeals has issued a “memorandum opinion,” the chances of getting review by the Supreme Court of Texas are minuscule. A look at the supreme court’s statistics might change a few minds.
Continue Reading The Texas Supreme Court’s Docket, Part 3