Kansas v. Marsh

Kansas v. Marsh

Argued December 7, 2005
Reargued April 25, 2006
Decided June 26, 2006
Full case name Kansas v. Michael Lee Marsh, II
Docket nos. 04-1170
Citations

548 U.S. 163 (more)

Holding
The Eighth Amendment did not prohibit states from imposing the death penalty when mitigating and aggravating sentencing factors were in equipoise. Kansas Supreme Court reversed and remanded.
Court membership
Case opinions
Majority Thomas, joined by Roberts, Scalia, Kennedy, Alito
Concurrence Scalia
Dissent Stevens
Dissent Souter, joined by Stevens, Ginsburg, Breyer
Laws applied
U.S. Const. amend. VIII

Kansas v. Marsh, 548 U.S. 163 (2006), is a United States Supreme Court case in which the Court held that a Kansas death penalty statute was consistent with the United States Constitution. The statute in question provided for a death sentence when the aggravating factors and mitigating factors were of equal weight.

See also

External links


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