State v. Cheever

In State v. Cheever, 284 P.3d 1007 (Kan. 2012), the Supreme Court held that Defendant did not waive his privilege against self-incrimination under the Fifth Amendment by presenting a voluntary intoxication defense to capital murder charges. The United States Supreme Court vacated the Kansas Supreme Court’s decision, holding that the rebuttal testimony presented by the State in the form of expert opinion was admissible. On remand, the Kansas Supreme Court addressed whether the testimony the expert gave exceeded the scope of rebuttal allowed by the Fifth Amendment or by Kansas evidentiary rules. The court affirmed Defendant’s convictions and sentences, holding (1) the expert’s testimony did not exceed the proper scope of rebuttal, either constitutionally or under state evidentiary rules; and (2) none of the remaining issues raised on appeal required reversal or remand. View "State v. Cheever" on Justia Law