What does “per curiam” mean?
- May 19
- 1 min read
Many legal opinions issue with the words “per curiam” in the text. Per curiam affirmed means that the appellate court is upholding the lower court's decision (in other words, you lost the appeal, and the sentence will remain as-is). Sometimes a case is per curiam affirmed without explanation. Sometimes a lengthy reversal is preceded by per curiam.
But what does per curiam mean?
Black’s Law Dictionary, an authority on legal definitions, defines per curiam as “by the court as a whole.” This means that the opinion is issued in the court’s name rather than by specific judges. [1] Stated differently, a per curiam opinion is an appellate court opinion by the appellate court without identifying the judge who wrote the opinion. Usually, the opinions are short and quickly resolve the cases. As the U.S. Supreme Court states on their website, “[t]hese cases frequently resolve cases summarily, often without oral argument. But per curiam opinions have sometimes been issued in argued cases.” [2]
History has shown that not all per curiam affirmances are deserved. For instance, the famous Gideon v. Wainwright case which held that the Sixth Amendment requires the states to provide attorneys to criminal defendants who cannot afford representation was silently per curiam affirmed. [3]
Getting per curiam affirmed can be heartbreaking. If you or someone you love was per curiam affirmed, contact Peter Armstrong, Attorney at Law, for a free consultation today.
References:
3. Gideon v. Cochran, 135 So. 2d 746 (Fla. 1961) (https://www.casemine.com/judgement/us/59149c9fadd7b04934645371)
