According to the U.S. Fifth Circuit’s July ‘07-June ‘08 Judicial Workload Statistics report, for the ‘07-’08 reporting year, out of 7,634 appeals there were 369 petitions for panel rehearing and 213 petitions for en banc rehearing. Of the 369 panel rehearing petitions, 16 were granted (for a success rate of 7.5%). Of the 213 en banc rehearing petitions, only 3 were granted (for a success rate of 1.4%, which makes me feel pretty good about my 1-for-1 record on en banc rehearing petitions). Of course, “success” here is only in getting the rehearing granted, which does not guarantee getting the original panel opinion outcome turned around on the merits.
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