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Kahler v. Kansas

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Docket No. Op. Below Argument Opinion Vote Author Term
18-6135 Kan. Oct 7, 2019 Mar 23, 2020 6-3 Kagan OT 2019

Holding: Due process does not require Kansas to adopt an insanity test that turns on a defendant’s ability to recognize that his crime was morally wrong.

Judgment: Affirmed, 6-3, in an opinion by Justice Kagan on March 23, 2020. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg and Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 29 2018Application (18A12) to extend the time to file a petition for a writ of certiorari from July 30, 2018 to September 28, 2018, submitted to Justice Sotomayor.
Jul 02 2018Application (18A12) granted by Justice Sotomayor extending the time to file until September 28, 2018.
Sep 28 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)
Oct 16 2018Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk.
Oct 18 2018Motion to extend the time to file a response is granted and the time is extended to and including November 28, 2018.
Nov 28 2018Brief of respondent Kansas in opposition filed.
Dec 12 2018Reply of petitioner James Kraig Kahler filed.
Dec 13 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 03 2019Rescheduled.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Jan 15 2019Record Requested.
Jan 29 2019Record received from the Supreme Court of Kansas (5 boxes).
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019DISTRIBUTED for Conference of 2/22/2019.
Feb 25 2019DISTRIBUTED for Conference of 3/1/2019.
Mar 11 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Apr 16 2019Blanket Consent filed by Respondent, Kansas
Apr 17 2019Joint motion for an extension of time to file the briefs on the merits filed. (Statement of costs filed)
Apr 23 2019Joint motion for an extension of time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 31, 2019. The time to file respondent's brief on the merits is extended to and including August 2, 2019. Petitioner will file the reply brief on the merits on or before August 30, 2019.
Apr 29 2019Blanket Consent filed by Petitioner, James Kraig Kahler.
May 31 2019Brief of petitioner James Kraig Kahler filed.
May 31 2019Joint appendix filed. (Statement of costs filed)
Jun 03 2019Brief amici curiae of Philosophy Professors filed.
Jun 06 2019Brief amici curiae of 290 Criminal Law and Mental Health Law Professors filed.
Jun 07 2019Brief amicus curiae of American Bar Association filed.
Jun 07 2019Brief amicus curiae of John F. Stinneford in support of neither party filed.
Jun 07 2019Brief amici curiae of the American Civil Liberties Union and the ACLU Foundation of Kansas filed.
Jun 07 2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 07 2019Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed.
Jun 07 2019Brief amici curiae of American Psychiatic Association et al. filed.
Jun 07 2019Brief amici curiae of Legal Historians and Sociologists filed.
Jul 01 2019SET FOR ARGUMENT on Monday, October 7, 2019.
Aug 01 2019CIRCULATED
Aug 02 2019Brief of respondent Kansas filed. (Distributed)
Aug 09 2019Brief amicus curiae of United States filed. (Distributed)
Aug 09 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 09 2019Brief amicus curiae of Lynn Denton, et al. filed. (Distributed)
Aug 09 2019Brief amici curiae of State of Utah, et al. filed. (Distributed)
Aug 16 2019Record requested form the Supreme Court of Kansas.
Aug 30 2019Reply of petitioner James Kraig Kahler filed. (Distributed)
Sep 11 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 07 2019Argued. For petitioner: Sarah Schrup, Chicago, Ill. For respondent: Toby Crouse, Solicitor General, Topeka, Kan.; and Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 23 2020Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined.
Apr 24 2020MANDATE ISSUED.
Apr 24 2020JUDGMENT ISSUED.
May 20 2021Record returned to the Supreme Court of Kansas (5 boxes).