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CLARK v. ARIZONA

No. 05-5966.

548 U.S. 735 (2006)

CLARK v. ARIZONA

Supreme Court of United States.

Decided June 29, 2006.

Attorney(s) appearing for the Case

David Goldberg, by appointment of the Court, 547 U.S. 1017, argued the cause and filed briefs for petitioner.

Randall M. Howe argued the cause for respondent. With him on the brief were Terry Goddard, Attorney General of Arizona, Mary O'Grady, Solicitor General, and Michael O'Toole, Assistant Attorney General.

Solicitor General Clement argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, Matthew D. Roberts, and Kirby A. Heller.*

JUSTICE SOUTER delivered the opinion of the Court.

The case presents two questions: whether due process prohibits Arizona's use of an insanity test stated solely in terms of the capacity to tell whether an act charged as a crime was right or wrong; and whether Arizona violates due process in restricting consideration of defense evidence of mental illness and incapacity to its bearing on a claim of insanity, thus eliminating its significance directly on the issue of...

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