In re DPHHS Petition Concerning Kevin J. Capser
Annotate this Case
The Supreme Court reversed the order of the district court denying the petition filed by the Department of Public Health and Human Services to modify Kevin Capser's sentence, holding that the court's decision to deny the petition was an abuse of discretion.
Capser, who suffered from schizophrenia, shot and killed his father. Capser was found guilty of deliberate homicide but that he suffered from a mental disease or disorder that rendered him unable to appreciate the criminality of his behavior or to conform his behavior to the requirements of the law. Capser was Department of Public Health and Human Services for one hundred years with thirty years suspended, with an additional ten years for the use of a weapon. The forensic review board later concluded that Capser no longer represented a substantial risk of harm to himself or others. The Department then filed a petition for review of sentence. The district court denied the petition, concluding that Capser remained a danger to himself and others. The Supreme Court reversed, holding that the court's decision was based on a generalized apprehension that something unfortunate might occur in the future, and therefore, the denial of the petition was not within the court's discretion.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.