Kansas v. Cheever
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-609 | Kan. | Oct 16, 2013 | 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
- Opinion analysis: Court sends Fifth Amendment case back to Kansas (Amy Howe, December 13, 2013)
- Argument analysis: Defendant meets skepticism on question presented in Fifth Amendment privilege case (Amy Howe, October 16, 2013)
- Argument preview: Court to consider Fifth Amendment and expert testimony in capital case (Amy Howe, October 15, 2013)
- Court grants two cases (Lyle Denniston, February 25, 2013)
- Petition of the day (Mary Pat Dwyer, January 31, 2013)
| Date | Proceedings and Orders |
|---|---|
| 11/13/2012 | Petition for a writ of certiorari filed. (Response due December 17, 2012) |
| 12/04/2012 | Order extending time to file response to petition to and including January 16, 2013. |
| 01/11/2013 | Brief of respondent Scott D. Cheever in opposition filed. |
| 01/11/2013 | Motion for leave to proceed in forma pauperis filed by respondent Scott D. Cheever. |
| 01/23/2013 | DISTRIBUTED for Conference of February 15, 2013. |
| 01/23/2013 | Reply of petitioner Kansas filed. (Distributed) |
| 02/19/2013 | DISTRIBUTED for Conference of February 22, 2013. |
| 02/25/2013 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 02/25/2013 | Petition GRANTED limited to Question 1 presented by the petition. |
| 03/25/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2013. |
| 03/25/2013 | The time to file respondent's brief on the merits is extended to and including July 22, 2013. |
| 04/02/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 04/03/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 05/13/2013 | Joint appendix filed. (Statement of costs filed.) |
| 05/13/2013 | Brief of petitioner Kansas filed. |
| 05/17/2013 | Brief amici curiae of National District Attorneys Association, et al. filed. |
| 05/20/2013 | Brief amicus curiae of the United States filed. |
| 05/20/2013 | Brief amici curiae of California, et al. filed. |
| 05/20/2013 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| 05/23/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 07/22/2013 | CIRCULATED. |
| 07/22/2013 | Brief of respondent Scott D. Cheever filed. (Distributed) |
| 07/23/2013 | SET FOR ARGUMENT on Wednesday, October 16, 2013. |
| 07/29/2013 | Brief amicus curiae of Judge David L. Bazelon Center for Mental Health Law filed. (Distributed) |
| 07/29/2013 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 07/29/2013 | Brief amicus curiae of American Civil Liberties Union, et al. filed. (Distributed) |
| 08/21/2013 | Reply of petitioner Kansas filed. (Distributed) |
| 08/22/2013 | Record received from District Court of Supreme Court of Kansas - 3 boxes. |
| 08/30/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/16/2013 | Argued. 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. |
| 12/11/2013 | Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| 01/13/2014 | MANDATE ISSUED. |
| 01/15/2014 | Record from Supreme Court of Kansas has been returned. |
Issue: Whether, when a criminal defendant affirmatively introduces expert testimony that he lacked the requisite mental state to commit capital murder of a law enforcement officer due to the alleged temporary and long-term effects of the defendant”s methamphetamine use, the state violates the defendant”s Fifth Amendment privilege against self-incrimination by rebutting the defendant”s mental state defense with evidence from a court-ordered mental evaluation of the defendant.