The U.S. Supreme Court has agreed to consider a Kansas death penalty case that could have far-reaching implications for mental ill defendants across the nation.
in 2009, James Kahler went to the home of his estranged wife's grandmother, where he shot the two women, along with his two teenage daughters.
Kansas is one of five states where a traditional insanity defense in which a person must understand the difference between right and wrong before being found guilty of a crime isn't allowed. Instead, someone can cite "mental disease or defect" as a partial defense but must prove that he didn't intend to commit the crime. The other states with similar laws are Alaska, Idaho, Montana and Utah.
"We're hopeful that, in taking Mr. Kahler's case, the United States Supreme Court has indicated a desire to find that the Constitution requires better of us in our treatment of mentally ill defendants," Carver-Allmond said."We think the state's approach, providing for an insanity defense based on mental disease or defect, satisfies constitutional requirements," Kansas Attorney General Derek Schmidt said in an emailed statement.
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