The U.S. Supreme Court announced on March 24 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 U.S. Supreme Court heard arguments earlier in December when Justice O’Connor was still on the Court. Now that she has been replaced by Justice Alito, and probably because the Court is split in such a way that his vote would be decisive, the Court will hold a re-argument on both the constitutionality of the statute and on whether the High Court has jurisdiction to resolve this issue involving a state law. The argument will likely be held in April.
(Associated Press, March 25, 2006). See Supreme Court.
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