Appeals by Right Constitute Three-Quarters of Intermediate Appellate Court Caseloads
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For the 2010 reporting period, 26 courts of last resort and 28 intermediate appellate courts reported complete appeal by right caseloads. For these courts, appeals by right equaled 24 percent and 75 percent of the total caseload, respectively. The fact that intermediate appellate courts handle more appeals by right than courts of last resort is an artifact of having a two-tiered appellate system in which the appellant’s first appeal, or the appeal as of right, is filed with and considered by the intermediate appellate court. State courts of last resort have, over the years, given more of this first appeal responsibility to the intermediate appellate courts, but all courts of last resort maintain some type of appeal by right jurisdiction.