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KANSAS v. CHEEVER

Docket No.: 12-609
Argued: October 16, 2013
Decided: December 11, 2013

Topics:

Civil Procedure, Fifth Amendment, Fourth Amendment, capital murder, death penalty, jury selection, murder, self-incrimination

PartyNames: Kansas v. Scott D. Cheever
Petitioner: Kansas
Respondent: Scott D. Cheever

Court Below: Supreme Court of Kansas
Citation: 284 P.3d 1007
Supreme Court Docket

Kansas
v.
Scott D. Cheever
Consideration Limited:

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Question Presented:

1. 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, does the State violate 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? 2. When a criminal defendant testifies in his own defense, does the State violate the Fifth Amendment by impeaching such testimony with evidence from a court-ordered mental evaluation of the defendant?

KANSAS v. CHEEVER
ORAL ARGUMENT

October 16, 2013

Listen to Oral Argument in KANSAS v. CHEEVER
Holding: VACATED AND REMANDED
Vote: 9-0
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