CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, March 29, 2006

SCOTUS: To Re-review Kansas Death Penalty Law

Last Friday, SCOTUS announced that it will rehear Kansas v. Marsh. This case involves the constitutionality of Kansas' death penalty law, which was struck down by the state Supreme Court in 2004. Kansas law required a death sentence if the jury found that there was an equal balance between the aggravating and mitigating factors presented at the sentencing hearing. The Court heard arguments about this case in December of 2005, when Justice O'Connor was still on the Court. But now that Justice O'Connor has been replaced by Justice Alito, and probably because the Court is split in such a way that his vote would be decisive, the Court will hold a re-argument on (1) the constitutionality of the statute; and (2) on whether the High Court has jurisdiction to resolve this issue involving a state law. The argument will likely be held in April. [Mark Godsey]

Capital Punishment, Supreme Court | Permalink

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