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Kennedy v. Louisiana

Docket No.: 07-343
Certiorari Granted: Jan 4 2008
Argued: April 16, 2008
Decided: June 25, 2008

PartyNames: Patrick Kennedy v. Louisiana
Petitioner: Patrick Kennedy
Respondent: State of Louisiana

Court Below: Supreme Court of Louisiana

Patrick Kennedy
v.
State of Louisiana
554 U.S. ____ (2008)
Question Presented:

1. Whether the Eighth Amendment's Cruel and Unusual Punishment Clause permits a State to punish the crime of rape of a child with the death penalty. 2. If so, whether Louisiana's capital rape statute violates the Eighth Amendment insofar as it fails genuinely to narrow the class of such offenders eligible for the death penalty.

Question:

Do states violate the Eight Amendment's ban on cruel and unusual punishment by imposing the death sentence for the crime of child rape?

Note:

EXPEDITED BRIEFING SCHEDULE

Holding: judgment reversed and remanded
Vote: 5-4
Opinion By:
Read KENNEDY V. LOUISIANA opinion (PDF)
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