The Limits of Free Speech

[Razgovory]

I shouldn't walk off half way through a post, then come back and finish it.  That way I don't use the same phrase twice like that.

[The Minsky Moment]

Just saw an article in the NY Law Journal that examined every federal criminal conviction in the last 13 years that was appealed to the Second Circuit (the court that covers NY, Connecticut and Vermont).  They found that the average reversal rate is a little under 4 percent.  But the more interesting part of the article is that it revealed very wide divergences in reversal rates among the judges. 

So of course I checked to see the historical reversal rates of the judges on the Turner case panel.

Judge Cogan wasn't on the list since he is a district (trial) court judge sitting specially by designation.
Judge Livingston, who voted to affirm the conviction, has a reversal rate of 0.8%, the second lowest on the Court.
Judge Pooler, who voted to reverse, has a reversal rate of 4.6%, the sixth highest.