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Kahler v. Kansas

Docket No. Argument Opinion Vote Author Term
18-6135 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.

DateProceedings and Orders (key to color coding)
06/29/2018Application (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.
07/02/2018Application (18A12) granted by Justice Sotomayor extending the time to file until September 28, 2018.
09/28/2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)
10/16/2018Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk.
10/18/2018Motion to extend the time to file a response is granted and the time is extended to and including November 28, 2018.
11/28/2018Brief of respondent Kansas in opposition filed.
12/12/2018Reply of petitioner James Kraig Kahler filed.
12/13/2018DISTRIBUTED for Conference of 1/4/2019.
01/03/2019Rescheduled.
01/07/2019DISTRIBUTED for Conference of 1/11/2019.
01/14/2019DISTRIBUTED for Conference of 1/18/2019.
01/15/2019Record Requested.
01/29/2019Record received from the Supreme Court of Kansas (5 boxes).
02/04/2019DISTRIBUTED for Conference of 2/15/2019.
02/19/2019DISTRIBUTED for Conference of 2/22/2019.
02/25/2019DISTRIBUTED for Conference of 3/1/2019.
03/11/2019DISTRIBUTED for Conference of 3/15/2019.
03/18/2019Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
04/16/2019Blanket Consent filed by Respondent, Kansas
04/17/2019Joint motion for an extension of time to file the briefs on the merits filed. (Statement of costs filed)
04/23/2019Joint 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.
04/29/2019Blanket Consent filed by Petitioner, James Kraig Kahler.
05/31/2019Brief of petitioner James Kraig Kahler filed.
05/31/2019Joint appendix filed. (Statement of costs filed)
06/03/2019Brief amici curiae of Philosophy Professors filed.
06/06/2019Brief amici curiae of 290 Criminal Law and Mental Health Law Professors filed.
06/07/2019Brief amicus curiae of American Bar Association filed.
06/07/2019Brief amicus curiae of John F. Stinneford in support of neither party filed.
06/07/2019Brief amici curiae of the American Civil Liberties Union and the ACLU Foundation of Kansas filed.
06/07/2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
06/07/2019Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed.
06/07/2019Brief amici curiae of American Psychiatic Association et al. filed.
06/07/2019Brief amici curiae of Legal Historians and Sociologists filed.
07/01/2019SET FOR ARGUMENT on Monday, October 7, 2019.
08/01/2019CIRCULATED
08/02/2019Brief of respondent Kansas filed. (Distributed)
08/09/2019Brief amicus curiae of United States filed. (Distributed)
08/09/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
08/09/2019Brief amicus curiae of Lynn Denton, et al. filed. (Distributed)
08/09/2019Brief amici curiae of State of Utah, et al. filed. (Distributed)
08/16/2019Record requested form the Supreme Court of Kansas.
08/30/2019Reply of petitioner James Kraig Kahler filed. (Distributed)
09/11/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/07/2019Argued. 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.)
03/23/2020Adjudged 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.
04/24/2020MANDATE ISSUED.
04/24/2020JUDGMENT ISSUED.
05/20/2021Record returned to the Supreme Court of Kansas (5 boxes).