Statistics I'd Like to See
As I ponder yet another case in which the court of appeals has declined to hear oral argument, I'm wondering whether anyone has compiled statistics on how often the trial court's judgment is reversed in that situation. In other words, based on sheer numbers, should we be telling our appellant-clients that they're probably hosed if oral argument has been denied?
I can only think of one in my career. It is an interesting topic. Mayble the Appellate Section can get this tasked out to study a small sample size, like 6 months or 1 year for each of the courts of appeals. Just a thought.