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KANSAS v. CHEEVER

No. 12-609.

134 S.Ct. 596 (2013)

187 L.Ed.2d 519

KANSAS, Petitioner v. Scott D. CHEEVER.

Supreme Court of United States.

Decided December 11, 2013.

Attorney(s) appearing for the Case

Derek Schmidt , Attorney General, for Petitioner.

Nichole A. Saharsky , for the United States as amicus curiae, by special leave of the Court, supporting the petitioner.

Neal Katyal , Washington, DC, for Respondent.

Derek Schmidt , Attorney General of Kansas, Counsel of Record, Stephen R. McAllister , Solicitor General of Kansas, Kristafer R. Ailslieger , Deputy Solicitor General, Natalie Chalmers , Assistant Solicitor General, Topeka, for Petitioner.

Debra J. Wilson , Capital and Conflicts, Appellate Defender, Capital Appeals and Conflicts Office, Topeka, KS, Neal Kumar Katyal , Counsel of Record, Dominic F. Perella , Mary Helen Wimberly , Sean Marotta , Hogan Lovells US LLP, Washington, DC, for Respondent.

Justice SOTOMAYOR delivered the opinion of the Court.

The Fifth Amendment to the United States Constitution provides that "[n]o person ... shall be compelled in any criminal case to be a witness against himself...." The question here is whether the Fifth Amendment prohibits the government from introducing evidence from a court-ordered mental evaluation of a criminal defendant to rebut that defendant's presentation of expert testimony in support of a defense of voluntary...

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