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Kansas v. Marsh

Docket No.: 04-1170
Certiorari Granted: May 31 2005
Argued: December 7, 2005
Decided: June 26, 2006


Criminal Procedure, Cruel and Unusual Punishment, Death Penalty

PartyNames: Kansas v. Michael Lee Marsh, II
Petitioner: Kansas
Respondent: Michael Lee Marsh, II

Court Below: Supreme Court of Kansas

Michael Lee Marsh, II
548 U.S. 163 (2006)
Question Presented:

Does it violate the Constitution for a state capital-sentencing statute to provide for the imposition of the death penalty when the sentencing jury determines that the mitigating and aggravating evidence is in equipoise?


(1) Does a statute that provides for the death penalty when mitigating and aggravating factors are in equipoise violate the Eighth Amendment's ban on cruel and unusual punishment? (2) Does the Supreme Court have jurisdiction to review the Kansas Supreme Court's judgment?


IN ADDITION TO THE QUESTION PRESENTED BY THE PETITION, THE PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTIONS: "Does this Court have jurisdiction to review the judgment of the Kansas Supreme Court under 28 U.S.C. Sec. 1257, as construed by <span style="font-style: italic;">Cox Broadcasting Corp. v. Cohn</span>, 420 U.S. 469 (1975)?"; "Was the Kansas Supreme Court's judgment adequately supported by a THIS CASE IS RESTORED TO THE CALENDAR FOR REARGUMENT.

Holding: reversed and remanded
Vote: 5-4
Opinion By:
Read KANSAS V. MARSH opinion (PDF)

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