Kansas v. Carr
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| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-450 | Kan. | Oct 7, 2015 | Apr 25, 2025 | 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 April 25, 2025. Justice Sotomayor filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Few sparks, eight votes for the state in Kansas capital cases (Amy Howe, January 20, 2016)
- Argument preview: Justices to tackle Eighth Amendment -- again (Amy Howe, October 7, 2015)
- Argument analysis: Kansas inmates find skeptical audience at the Court (Amy Howe, October 7, 2015)
- As the 2015 Term opens: The Courts unusual Eighth Amendment focus (Rory Little, September 21, 2015)
- Criminal law grants for the October Term 2015 (Rory Little, July 23, 2015)
| Date | Proceedings and Orders |
|---|---|
| 10/16/2014 | Petition for a writ of certiorari filed. (Response due November 19, 2014) |
| 10/16/2014 | Appendix of Kansas (2-volumes) filed. |
| 11/17/2014 | Brief of respondent Reginald Dexter Carr, Jr. in opposition filed. |
| 11/17/2014 | Motion for leave to proceed in forma pauperis filed by respondent Reginald Dexter Carr, Jr. |
| 11/25/2014 | Reply of petitioner Kansas filed. |
| 12/03/2014 | DISTRIBUTED for Conference of January 9, 2015. |
| 12/10/2014 | DISTRIBUTED for Conference of January 9, 2015. |
| 01/06/2015 | Rescheduled. |
| 02/25/2015 | DISTRIBUTED for Conference of March 20, 2015. |
| 03/23/2015 | DISTRIBUTED for Conference of March 27, 2015. |
| 03/30/2015 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 03/30/2015 | Petition 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. 14-449 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. |
| 04/13/2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners. VIDED |
| 04/21/2015 | The 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 |
| 04/21/2015 | The time to file petitioner's brief on the merits is extended to and including June 8, 2015. VIDED |
| 04/21/2015 | The time to file respondents' briefs on the merits is extended to and including August 3, 2015. VIDED |
| 06/05/2015 | Consent to the filing of amicus curiae briefsl in support of either party or of neither party, received from counsl for the respondent. VIDED. |
| 06/08/2015 | Brief of petitioner Kansas filed (Reprinted). VIDED. |
| 06/12/2015 | Brief amici curiae of Criminal Justice Legal Foundation, et al. filed. VIDED. |
| 06/15/2015 | Brief amicus curiae of the United States filed. VIDED. |
| 06/19/2015 | Motion for scheduling of argument and for divided argument filed by respondents in Nos. 14-449, 14-450 & 14-452. VIDED. |
| 06/23/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| 06/29/2015 | Motion for scheduling of argument and for divided argument filed by respondents in Nos. 14-449, 14-450 & 14-452 GRANTED. VIDED. |
| 06/29/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED |
| 06/29/2015 | Upon 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 |
| 07/29/2015 | SET FOR ARGUMENT on Wednesday, October 7, 2015. |
| 08/03/2015 | Brief of respondent Reginald Dexter Carr, Jr. filed. (Reprinted) |
| 08/07/2015 | CIRCULATED. |
| 08/10/2015 | Brief amicus curiae of The Promise of Justice Initiative filed. VIDED. (Distributed) |
| 08/12/2015 | Record requested from the Supreme Court of Kansas. |
| 08/13/2015 | Joint appendix filed (2 volumes). (Statement of costs filed.) VIDED. (Distributed) |
| 09/02/2015 | Reply of petitioner Kansas (on the severance question) filed. VIDED. (Distributed) |
| 09/24/2015 | Record received from the Supreme Court of Kansas, (2 Boxes) part of the record is electronic. |
| 10/01/2015 | Letter from counsel for petitioner filed. (Distributed) |
| 10/05/2015 | Joint letter from counsel for respondents in 14-449 & 14-450 filed. (Distributed) |
| 10/07/2015 | Argued (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 |
| 10/07/2015 | Argued (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 |
| 01/20/2016 | Judgment 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) |
| 02/23/2016 | Judgment Issued |
| 02/23/2016 | Mandate Issued |