This section further presents the vindication rates of various Fourth Department justices, and certain voting trends by Fourth Department justices when on a divided panel.
The statistic that readers will find most intriguing about this study is the vindication rates of the Fourth Department justices.
Interestingly, Justice Hurlbutt has only the third highest vindication rate of all the Fourth Department Justices serving during the period of this study.
It is important to note that the justices who have the most overall dissents had a relatively average vindication rate by the Court of Appeals.
Justices Carni, Green, and Peradotto all had the highest percentage of dissenting votes in cases in which they voted--and yet again, all three had relatively average vindication rates.
This apparent voting "clout" is particularly notable because, as noted above, Justice Pigott (along with Justice Lawton) had the highest vindication rate of all Fourth Department justices considered in this study (18.
Based on Justice Pigott's impressive vindication rate combined with his established history of rarely joining a dissent without the support of another justice, it is interesting to consider whether Fourth Department voting behavior might be influenced by a justice's vindication rate by the Court of Appeals.
During the past ten years, the six Fourth Department justices with the highest vindication rates were: Justices Pigott and Lawton; Justice Hurlbutt; Justice Kehoe; Justice Wisner; and Justice Centra.
On the other hand, Justice Pigott tied Justice Lawton for the highest vindication rate of 18.
Notably, Presiding Justice Scudder only had one vindication in criminal law, and that was a pro-State rationale.
This should be especially emphasized with the vindication statistics, because a "vindication do[es] not necessarily correlate to good or bad, right or wrong, or wise or foolish.
36) A ninety percent vindication rate on criminal dissents compared to an 88% vindication rate on dissents dealing with civil matters.