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Kansas v. Carr

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
14-449 Kan. Oct 7, 2015 Jan 20, 2016 8-1 Scalia OT 2015

Holding: 1) The Eighth Amendment does not require capital-sentencing courts to instruct a jury that mitigating circumstances need not be proved beyond a reasonable doubt. 2) The Constitution did not require severance of joint sentencing proceedings because the contention that the admission of mitigating evidence by one defendant could have "so infected" the jury's consideration of the other defendant's sentence as to amount to a denial of due process does not stand in light of all the evidence presented at the guilty and penalty phases relevant to the jury's sentencing determination.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Scalia on January 20, 2016. Justice Sotomayor filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 16 2014Petition for a writ of certiorari filed. (Response due November 19, 2014)
Oct 16 2014Appendix of Kansas (2-volumes) filed.
Dec 10 2014DISTRIBUTED for Conference of January 9, 2015.
Jan 6 2015Response Requested . (Due February 5, 2015)
Feb 4 2015Brief of respondent Jonathan D. Carr in opposition filed.
Feb 4 2015Motion for leave to proceed in forma pauperis filed by respondent Jonathan D. Carr.
Feb 10 2015Reply of petitioner Kansas filed.
Feb 25 2015DISTRIBUTED for Conference of March 20, 2015.
Mar 23 2015DISTRIBUTED for Conference of March 27, 2015.
Mar 30 2015Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Mar 30 2015Petition GRANTED limited to Questions 1 and 3 presented by the petition. The motion of respondent for leave to proceed in forma pauperis and the petition for a writ of certiorari in No. 14-450 are granted limited to Questions 1 and 3 presented by the petition. The cases are consolidated and a total of one hour is allotted for oral argument.
Apr 13 2015Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners. VIDED
Apr 21 2015The Clerk has approved use of the deferred joint appendix method, and the joint appendix is to be filed on or before August 10, 2015. VIDED
Apr 21 2015The time to file petitioner's brief on the merits is extended to and including June 8, 2015. VIDED
Apr 21 2015The time to file respondents' briefs on the merits is extended to and including August 3, 2015. VIDED
Jun 5 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. VIDED.
Jun 8 2015Brief of petitioner Kansas filed (Reprinted). VIDED.
Jun 11 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. VIDED
Jun 12 2015Brief amici curiae of Criminal Justice Legal Foundation, et al. filed. VIDED.
Jun 15 2015Brief amicus curiae of the United States filed. VIDED.
Jun 19 2015Motion for scheduling of argument and for divided argument filed by respondents in Nos. 14-449, 14-450 & 14-452. VIDED.
Jun 23 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jun 29 2015Motion for scheduling of argument and for divided argument filed by respondents in Nos. 14-449, 14-450 & 14-452 GRANTED. VIDED.
Jun 29 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED
Jun 29 2015Upon consideration of the joint motion of respondents for scheduling of argument and for divided argument, and of the motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument in Nos. 14- 449 and 14-450, the following allocation of oral argument time is adopted. A total of one hour is allocated for oral argument in No. 14-452, and on Question 1 in Nos. 14-449 and 14-450, to be divided as follows: 30 minutes for petitioner, 20 minutes for respondents Jonathan D. Carr and Sidney J. Gleason, and 10 minutes for respondent Reginald D. Carr. A total of one hour is allocated for oral argument on Question 2 in Nos. 14-449 and 14-450, to be divided as follows: 20 minutes for petitioner, 10 minutes for the Solicitor General, 20 minutes for respondent Reginald D. Carr, and 10 minutes for respondent Jonathan D. Carr. VIDED
Jul 29 2015SET FOR ARGUMENT on Wednesday, October 7, 2015.
Aug 3 2015Brief of respondent Jonathan D. Carr filed. (Reprinted)
Aug 7 2015CIRCULATED.
Aug 10 2015Brief amicus curiae of The Promise of Justice Initiative filed. VIDED. (Distributed)
Aug 12 2015Record requested from the Supreme Court of Kansas.
Aug 13 2015Joint appendix filed (2 volumes). (Statement of costs filed.) VIDED. (Distributed)
Sep 2 2015Reply of petitioner Kansas (on the severance question) filed. VIDED. (Distributed)
Sep 24 2015Record received from the Supreme Court of Kansas, (2 Boxes) part of the record is electronic.
Oct 1 2015Letter from counsel for petitioner filed. (Distributed)
Oct 5 2015Joint letter from counsel for respondents in 14-449 & 14-450 filed. (Distributed)
Oct 7 2015Argued (Burden Question). For petitioner: Derek L. Schmidt, Attorney General, Topeka, Kan. For respondent in 14-452 & 14-449: Jeffrey T. Green, Washington, D. C. For respondent in 14-450: Neal K. Katyal, Washington, D. C. VIDED
Oct 7 2015Argued (Severance Question). For petitioner: Stephen R. McAllister, Solicitor General, Topeka, Kan.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent in 14-450: Frederick Liu, Washington, D. C. For respondent in 14-449: Jeffrey T. Green, Washington, D. C. VIDED
Jan 20 2016Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion. VIDED (Opinion also for No. 14-452)
Feb 23 2016Judgment Issued
Feb 23 2016Mandate Issued