Kahler v. Kansas
| 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
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, March 23, 2020)
- Opinion analysis: Majority upholds Kansas scheme for mentally ill defendants (Amy Howe, March 23, 2020)
- Argument analysis: Justices open new term with questions and concerns about insanity defense (Amy Howe, October 7, 2019)
- A "view" from the courtroom: Two-minute warning (Mark Walsh, October 7, 2019)
- Three grants and you're out (of coffee) (Kalvis Golde, October 5, 2019)
- Argument preview: Justices to hear challenge to lack of insanity defense (Amy Howe, September 30, 2019)
- Overview of the court's criminal docket for OT 19 – sizeable and significant (Rory Little, September 9, 2019)
- Justices grant four new cases (Corrected) (Amy Howe, March 18, 2019)
| Date | Proceedings and Orders |
|---|---|
| 06/29/2018 | Application (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. |
| 07/02/2018 | Application (18A12) granted by Justice Sotomayor extending the time to file until September 28, 2018. |
| 09/28/2018 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018) |
| 10/16/2018 | Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk. |
| 10/18/2018 | Motion to extend the time to file a response is granted and the time is extended to and including November 28, 2018. |
| 11/28/2018 | Brief of respondent Kansas in opposition filed. |
| 12/12/2018 | Reply of petitioner James Kraig Kahler filed. |
| 12/13/2018 | DISTRIBUTED for Conference of 1/4/2019. |
| 01/03/2019 | Rescheduled. |
| 01/07/2019 | DISTRIBUTED for Conference of 1/11/2019. |
| 01/14/2019 | DISTRIBUTED for Conference of 1/18/2019. |
| 01/15/2019 | Record Requested. |
| 01/29/2019 | Record received from the Supreme Court of Kansas (5 boxes). |
| 02/04/2019 | DISTRIBUTED for Conference of 2/15/2019. |
| 02/19/2019 | DISTRIBUTED for Conference of 2/22/2019. |
| 02/25/2019 | DISTRIBUTED for Conference of 3/1/2019. |
| 03/11/2019 | DISTRIBUTED for Conference of 3/15/2019. |
| 03/18/2019 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 04/16/2019 | Blanket Consent filed by Respondent, Kansas |
| 04/17/2019 | Joint motion for an extension of time to file the briefs on the merits filed. (Statement of costs filed) |
| 04/23/2019 | Joint 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. |
| 04/29/2019 | Blanket Consent filed by Petitioner, James Kraig Kahler. |
| 05/31/2019 | Brief of petitioner James Kraig Kahler filed. |
| 05/31/2019 | Joint appendix filed. (Statement of costs filed) |
| 06/03/2019 | Brief amici curiae of Philosophy Professors filed. |
| 06/06/2019 | Brief amici curiae of 290 Criminal Law and Mental Health Law Professors filed. |
| 06/07/2019 | Brief amicus curiae of American Bar Association filed. |
| 06/07/2019 | Brief amicus curiae of John F. Stinneford in support of neither party filed. |
| 06/07/2019 | Brief amici curiae of the American Civil Liberties Union and the ACLU Foundation of Kansas filed. |
| 06/07/2019 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 06/07/2019 | Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed. |
| 06/07/2019 | Brief amici curiae of American Psychiatic Association et al. filed. |
| 06/07/2019 | Brief amici curiae of Legal Historians and Sociologists filed. |
| 07/01/2019 | SET FOR ARGUMENT on Monday, October 7, 2019. |
| 08/01/2019 | CIRCULATED |
| 08/02/2019 | Brief of respondent Kansas filed. (Distributed) |
| 08/09/2019 | Brief amicus curiae of United States filed. (Distributed) |
| 08/09/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/09/2019 | Brief amicus curiae of Lynn Denton, et al. filed. (Distributed) |
| 08/09/2019 | Brief amici curiae of State of Utah, et al. filed. (Distributed) |
| 08/16/2019 | Record requested form the Supreme Court of Kansas. |
| 08/30/2019 | Reply of petitioner James Kraig Kahler filed. (Distributed) |
| 09/11/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/07/2019 | Argued. 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.) |
| 03/23/2020 | Adjudged 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. |
| 04/24/2020 | MANDATE ISSUED. |
| 04/24/2020 | JUDGMENT ISSUED. |
| 05/20/2021 | Record returned to the Supreme Court of Kansas (5 boxes). |