Supreme Court Report

Supreme Court of the United States · Official docket →

James K. Kahler v. Kansas

IFP petition · Supreme Court of Kansas, No. 106,981 · judgment February 9, 2018

Decided · March 23, 2020

Question presented

Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense?

Counsel of record

For petitioner
Sarah O'Rourke Schrup
Northwestern Supreme Court Practicum

For respondent
Toby Crouse
Office of Attorney General Derek Schmidt

Case

Conference history
Distributed for 7 conferences

Amicus briefs
12 merits
(9 supporting pet./neither, 3 respondent)

Argument & decision

Argued October 7, 2019 — Sarah Schrup · Toby Crouse. Audio and transcript

Decided March 23, 2020. Opinion by Kagan.

Proceedings

  1. May 20 2021
    Record returned to the Supreme Court of Kansas (5 boxes).
  2. Apr 24 2020
    MANDATE ISSUED.
  3. Apr 24 2020
    JUDGMENT ISSUED.
  4. Mar 23 2020
    Adjudged 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.
  5. Oct 07 2019
    Argued. 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.)
  6. Sep 11 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  7. Aug 30 2019
    Reply of petitioner James Kraig Kahler filed. (Distributed)
  8. Aug 16 2019
    Record requested form the Supreme Court of Kansas.
  9. Aug 09 2019
    Brief amicus curiae of United States filed. (Distributed)
  10. Aug 09 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  11. Aug 09 2019
    Brief amicus curiae of Lynn Denton, et al. filed. (Distributed)
  12. Aug 09 2019
    Brief amici curiae of State of Utah, et al. filed. (Distributed)
  13. Aug 02 2019
    Brief of respondent Kansas filed. (Distributed)
  14. Aug 01 2019
    CIRCULATED
  15. Jul 01 2019
    SET FOR ARGUMENT on Monday, October 7, 2019.
  16. Jun 07 2019
    Brief amicus curiae of American Bar Association filed.
  17. Jun 07 2019
    Brief amicus curiae of John F. Stinneford in support of neither party filed.
  18. Jun 07 2019
    Brief amici curiae of the American Civil Liberties Union and the ACLU Foundation of Kansas filed.
  19. Jun 07 2019
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  20. Jun 07 2019
    Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed.
  21. Jun 07 2019
    Brief amici curiae of American Psychiatic Association et al. filed.
  22. Jun 07 2019
    Brief amici curiae of Legal Historians and Sociologists filed.
  23. Jun 06 2019
    Brief amici curiae of 290 Criminal Law and Mental Health Law Professors filed.
  24. Jun 03 2019
    Brief amici curiae of Philosophy Professors filed.
  25. May 31 2019
    Brief of petitioner James Kraig Kahler filed.
  26. May 31 2019
    Joint appendix filed. (Statement of costs filed)
  27. Apr 29 2019
    Blanket Consent filed by Petitioner, James Kraig Kahler.
  28. 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.
  29. Apr 17 2019
    Joint motion for an extension of time to file the briefs on the merits filed. (Statement of costs filed)
  30. Apr 16 2019
    Blanket Consent filed by Respondent, Kansas
  31. Mar 18 2019
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  32. Mar 11 2019
    DISTRIBUTED for Conference of 3/15/2019.
  33. Feb 25 2019
    DISTRIBUTED for Conference of 3/1/2019.
  34. Feb 19 2019
    DISTRIBUTED for Conference of 2/22/2019.
  35. Feb 04 2019
    DISTRIBUTED for Conference of 2/15/2019.
  36. Jan 29 2019
    Record received from the Supreme Court of Kansas (5 boxes).
  37. Jan 15 2019
    Record Requested.
  38. Jan 14 2019
    DISTRIBUTED for Conference of 1/18/2019.
  39. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  40. Jan 03 2019
    Rescheduled.
  41. Dec 13 2018
    DISTRIBUTED for Conference of 1/4/2019.
  42. Dec 12 2018
    Reply of petitioner James Kraig Kahler filed.
  43. Nov 28 2018
    Brief of respondent Kansas in opposition filed.
  44. 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.
  45. Oct 16 2018
    Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk.
  46. Sep 28 2018
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)
  47. Jul 02 2018
    Application (18A12) granted by Justice Sotomayor extending the time to file until September 28, 2018.
  48. 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.
    Lower Court Orders/OpinionsProof of ServiceMain Document