SUPREME COURT: Self Incrimination at Issue in Kansas Case

On October 16 the U.S. Supreme Court will hear arguments in Kansas v. Cheever. One of the key defense witnesses in Scott Cheever’s death penalty trial testified that Cheever’s use of drugs impaired his judgement on the day of the crime. Prosecutors, in turn, called the physician who performed Cheever’s court-mandated mental exam, and he testified that Cheever was aware of what he was doing when he committed the crime, based on Cheever’s own statements to the doctor. The doctor’s testimony prompted the Kansas Supreme Court to overturn Cheever’s conviction because prosecutors had violated Cheever’s Fifth Amendment right against self-incrimination. Following oral argument, the Court will decide whether Cheever must be retried or his conviction and death sentence stands.

(H. Laviana, “U.S. Supreme Court to decide on retrial of Kansas death penalty case,” Wichita Eagle, October 13, 2013). See Mental Illness and U.S. Supreme Court.