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Kansas v. Cheever

Docket No. Op. Below Argument Opinion Vote Author Term
12-609 Kan. Oct 16, 2013
Tr.Aud.
Dec 11, 2013 9-0 Sotomayor OT 2013

Holding: When a defense expert who has examined the defendant testifies that the defendant lacked the requisite mental state to commit a crime, the prosecution may offer evidence from a court-ordered psychological examination for the limited purpose of rebutting the defendant's evidence.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on December 11, 2013.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 13 2012Petition for a writ of certiorari filed. (Response due December 17, 2012)
Dec 4 2012Order extending time to file response to petition to and including January 16, 2013.
Jan 11 2013Brief of respondent Scott D. Cheever in opposition filed.
Jan 11 2013Motion for leave to proceed in forma pauperis filed by respondent Scott D. Cheever.
Jan 23 2013DISTRIBUTED for Conference of February 15, 2013.
Jan 23 2013Reply of petitioner Kansas filed. (Distributed)
Feb 19 2013DISTRIBUTED for Conference of February 22, 2013.
Feb 25 2013Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Feb 25 2013Petition GRANTED limited to Question 1 presented by the petition.
Mar 25 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2013.
Mar 25 2013The time to file respondent's brief on the merits is extended to and including July 22, 2013.
Apr 2 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Apr 3 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
May 13 2013Joint appendix filed. (Statement of costs filed.)
May 13 2013Brief of petitioner Kansas filed.
May 17 2013Brief amici curiae of National District Attorneys Association, et al. filed.
May 20 2013Brief amicus curiae of the United States filed.
May 20 2013Brief amici curiae of California, et al. filed.
May 20 2013Brief amicus curiae of Criminal Justice Legal Foundation filed.
May 23 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 22 2013CIRCULATED.
Jul 22 2013Brief of respondent Scott D. Cheever filed. (Distributed)
Jul 23 2013SET FOR ARGUMENT on Wednesday, October 16, 2013.
Jul 29 2013Brief amicus curiae of Judge David L. Bazelon Center for Mental Health Law filed. (Distributed)
Jul 29 2013Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Jul 29 2013Brief amicus curiae of American Civil Liberties Union, et al. filed. (Distributed)
Aug 21 2013Reply of petitioner Kansas filed. (Distributed)
Aug 22 2013Record received from District Court of Supreme Court of Kansas - 3 boxes.
Aug 30 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 16 2013Argued. For petitioner: Derek Schmidt, Attorney General, Topeka, Kan.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Neal Katyal, Washington, D. C.
Dec 11 2013Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jan 13 2014MANDATE ISSUED.
Jan 15 2014Record from Supreme Court of Kansas has been returned.
 
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