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Attorney General Kline Argues to Reinstate the State's Death Penalty in KANSAS V. MARSH
Attorney General Phill Kline successfully argued to reinstate the state's death penalty earlier this year before the United States Supreme Court.
The audio of the oral arguments in Kansas v. Marsh is now available for Kansans to listen to online. Below is the link.
http://www.oyez.org/cases/case/?case=2000-2009/2005/2005_04_1170
Timeline of Kansas v. Marsh:
On December 17, 2004, the Kansas Supreme Court, on a 4-3 vote, struck down the state’s death penalty statute. Attorney General Kline immediately filed a motion to stay the ruling and indicated his intention to seek a reversal of the state court’s decision by the United States Supreme Court. On December 20, 2004, the Kansas Supreme Court granted that stay.
On May 31, 2005, the United States Supreme Court granted Attorney General Kline’s request for Certiorari. On July 21, the court announced that they would hear the case on December 7.
Attorney General Kline first appeared before the Court on December 7, 2005 to argue on behalf of the state. Then following the appointment of Justice Samuel Alito to fill the vacancy created upon the retirement of Justice Sandra Day O’Conner, the Court ordered a re-hearing of the case which occurred on April 25, 2006.
On June 26, 2006 the United States Supreme Court announced its reversal of the Kansas Supreme Court earlier deicision and ruled that the Kansas death penalty statute is constitutional.
In the 5-4 decision, the Court ruled that a state may constitutionally require the death penalty if mitigating and aggravating factors are in equal balance.
