Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent.
Argument: Asserting a valid mental-state defense does not waive Fifth Amendment Protections. The State’s per se waiver rule is contrary to the zealous protection of a defendant’s Fifth Amendment privilege. The State’s per se waiver rule creates an intolerable choice between constitutional rights. The State’s per se waiver rule is unnecessary. Presenting evidence of voluntary intoxication does not waive Fifth Amendment protections. Kansas follow a majority of states in allowing the voluntary intoxication defense.