New Jersey Criminal Defense Attorney Blog
The United States Supreme Court recently decided Kansas v. Cheever, 571 U.S. _____ (12/11/13), which discusses whether the Fifth Amendment prohibits the Government from introducing evidence from a criminal defendant’s court-ordered mental health evaluation to rebut the defendant’s presentation of expert testimony supporting a voluntary intoxication defense.
The defendant was charged initially in the Kansas state courts with capital murder. In an unrelated case, the Kansas Supreme Court invalidated the State’s death penalty scheme. The State then dismissed its charges and allowed federal authorities to prosecute the defendant under the Federal Death Penalty Act. In the federal case, defendant sought to introduce evidence of his intoxication by methamphetamine at the time of the offense, asserting that this negated his ability to form the intent requisite to the offense. The District Court ordered Defendant to submit to a psychiatric evaluation to assess this issue, and a psychiatrist interviewed Defendant for approximately five to six hours.
The federal case went to trial, but was subsequently suspended and dismissed without prejudice. The U.S. Supreme Court also reversed the Kansas Supreme Court’s decision, finding that the State’s death penalty statute was constitutional. Kansas then commenced a second prosecution against Defendant who, in turn, presented a voluntary intoxication defense supported by testimony by a professor of psychiatric pharmacy. The State then sought to rebut this with testimony from the psychiatrist who previously interviewed Defendant in connection with the aborted federal prosecution. This testimony apparently included statements Defendant made during the Court-ordered evaluation. Defense counsel objected, arguing that such testimony would violate Defendant’s Fifth Amendment rights since Defendant had not voluntarily agreed to that examination. The trial court agreed with the State, but the Kansas Supreme Court reversed.
