Analysis: Louisiana figures in 2 major Supreme Court cases

Among cases on the U.S. Supreme Court docket for the term that began this month, two Louisiana cases stand out — one because of its implications for criminal justice in the state, the other because of what it portends for abortion rights and access nationwide. And, both, in part, because they deal with matters that, on the surface, might appear to have been settled. Yes, voters approved a constitutional amendment requiring unanimous jury verdicts in felony cases — following Pulitzer Prize winning reporting by The Advocate on the racial impacts of allowing 10-2 verdicts. But sometimes lost amid celebrations of the measure’s passage is its effective date: it applies to crimes that happened on or after Jan. 1 of this year. No help to people like Evangelisto Ramos, who was convicted on a 10-2 jury vote in 2016 of second-degree murder in the killing of a woman in New Orleans. Ramos is serving a life sentence with no chance of parole.

US Supreme Court to review Kansas’ lack of insanity defense

The U.S. Supreme Court is preparing to consider how far states can go toward eliminating the insanity defense in criminal trials as it reviews the case of a Kansas man sentenced to die for killing four relatives. The high court planned to hear arguments Monday in James Kraig Kahler’s case. He went to the home of his estranged wife’s grandmother about 20 miles (32 kilometers) south of Topeka the weekend after Thanksgiving 2009 and fatally shot the two women and his two teenage daughters. Not even Kahler’s attorneys have disputed that he killed them. They’ve argued that he was in the grips of a depression so severe that he experienced an extreme emotional disturbance that disassociated him from reality. In seeking a not guilty verdict due to his mental state, his defense at his 2011 trial faced what critics see as an impossible legal standard. His attorneys now argue that Kansas violated the U.S. Constitution by denying him the right to pursue an insanity defense. The nation’s highest court previously has given states broad latitude in how they treat mental illness in criminal trials, allowing five states, including Kansas, to abolish the traditional insanity defense. Kahler’s appeal raises the question of whether doing so denies defendants their guaranteed right to due legal process. “Maybe they will establish some ground rules,” said Jeffrey Jackson, a law professor at Washburn University in Topeka. “They’ve been vague about what the standard is, and maybe now they’re going to tell us.” Until 1996, Kansas followed a rule first outlined in 1840s England, requiring defendants pursuing an insanity defense to show that they were so impaired by a mental illness or defect that they couldn’t understand that their conduct was criminal. Now Kansas permits defendants to only cite “mental disease or defect” as a partial defense, and they must prove they didn’t intend to commit the specific crime. Alaska, Idaho, Montana and Utah have similar laws. Christopher Slobogin, a professor of both law and psychiatry at the Vanderbilt University, said even seriously mentally ill defendants typically intend to the commit their crimes, even if their acts result from delusions.