Kahler v. Kansas

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Kahler v. Kansas

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-6135	Kan.	TBD	TBD	TBD	TBD	OT 2019

Issue: Whether the Eighth and 14th Amendments permit a state to abolish the insanity defense.

Justices grant four new cases (Corrected) (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Jun 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.
Jul 02 2018	Application (18A12) granted by Justice Sotomayor extending the time to file until September 28, 2018.
Sep 28 2018	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)
Oct 16 2018	Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk.
Oct 18 2018	Motion to extend the time to file a response is granted and the time is extended to and including November 28, 2018.
Nov 28 2018	Brief of respondent Kansas in opposition filed.
Dec 12 2018	Reply of petitioner James Kraig Kahler filed.
Dec 13 2018	DISTRIBUTED for Conference of 1/4/2019.
Jan 03 2019	Rescheduled.
Jan 07 2019	DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019	DISTRIBUTED for Conference of 1/18/2019.
Jan 15 2019	Record Requested.
Jan 29 2019	Record received from the Supreme Court of Kansas (5 boxes).
Feb 04 2019	DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019	DISTRIBUTED for Conference of 2/22/2019.
Feb 25 2019	DISTRIBUTED for Conference of 3/1/2019.
Mar 11 2019	DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Apr 16 2019	Blanket Consent filed by Respondent, Kansas
Apr 17 2019	Joint motion for an extension of time to file the briefs on the merits filed.
Apr 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.
Apr 29 2019	Blanket Consent filed by Petitioner, James Kraig Kahler.
May 31 2019	Brief of petitioner James Kraig Kahler filed.
May 31 2019	Joint appendix filed.
Jun 03 2019	Brief amici curiae of Philosophy Professors filed.
Jun 06 2019	Brief amici curiae of 290 Criminal Law and Mental Health Law Professors filed.
Jun 07 2019	Brief amicus curiae of American Bar Association filed.
Jun 07 2019	Brief amicus curiae of John F. Stinneford in support of neither party filed.
Jun 07 2019	Brief amici curiae of THE AMERICAN CIVIL LIBERTIES UNION AND THE ACLU FOUNDATION OF KANSAS filed.
Jun 07 2019	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 07 2019	Brief amici curiae of IDAHO ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, THE MONTANA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, THE UTAH ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, AND THE SALT LAKE LEGAL DEFENDER ASSOCIATION filed.
Jun 07 2019	Brief amici curiae of American Psychiatic Association et al. filed.
Jun 07 2019	Brief amici curiae of Legal Historians and Sociologists filed.

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Challengers ask justices to put off census decision – Amy Howe
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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
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Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

3
Orders
Opinions

6
Conference

10
Orders
Opinions

13
Conference

17
Orders
Opinions

20
Conference