Skip to main content

Kansas v. Cheever

Docket No.12-609
Op. BelowKan.
ArgumentOct 16, 2013
Vote9-0
AuthorSonia Sotomayor
OpinionDec 11, 2013
TermOctober Term 2013
SCOTUS PageOpinion

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 Sonia Sotomayor on Dec 11, 2013.

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.

Proceedings & orders timeline

Nov 13, 2012
Petition for a writ of certiorari filed. (Response due December 17, 2012)
Dec 4, 2012
Order extending time to file response to petition to and including January 16, 2013.
Jan 11, 2013
Brief of respondent Scott D. Cheever in opposition filed.
Jan 11, 2013
Motion for leave to proceed in forma pauperis filed by respondent Scott D. Cheever.
Jan 23, 2013
DISTRIBUTED for Conference of February 15, 2013.
Jan 23, 2013
Reply of petitioner Kansas filed. (Distributed)
Feb 19, 2013
DISTRIBUTED for Conference of February 22, 2013.
Feb 25, 2013
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Feb 25, 2013
Petition GRANTED limited to Question 1 presented by the petition.
Mar 25, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2013.
Mar 25, 2013
The time to file respondent's brief on the merits is extended to and including July 22, 2013.
Apr 2, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Apr 3, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
May 13, 2013
Joint appendix filed. (Statement of costs filed.)
May 13, 2013
Brief of petitioner Kansas filed.May 17, 2013
Brief amici curiae of National District Attorneys Association, et al. filed.May 20, 2013
Brief amicus curiae of the United States filed.May 20, 2013
Brief amici curiae of California, et al. filed.May 20, 2013
Brief amicus curiae of Criminal Justice Legal Foundation filed.
May 23, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 22, 2013
CIRCULATED.
Jul 22, 2013
Brief of respondent Scott D. Cheever filed. (Distributed)
Jul 23, 2013
SET FOR ARGUMENT on Wednesday, October 16, 2013.
Jul 29, 2013
Brief amicus curiae of Judge David L. Bazelon Center for Mental Health Law filed. (Distributed)Jul 29, 2013
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)Jul 29, 2013
Brief amicus curiae of American Civil Liberties Union, et al. filed. (Distributed)Aug 21, 2013
Reply of petitioner Kansas filed. (Distributed)
Aug 22, 2013
Record received from District Court of Supreme Court of Kansas - 3 boxes.
Aug 30, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 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.
Dec 11, 2013
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jan 13, 2014
MANDATE ISSUED.
Jan 15, 2014
Record from Supreme Court of Kansas has been returned.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.