[Deathpenalty]Is Kansas Capital Sentencing Scheme Unconstitutional?

[David Freund]

Today the Kansas Supreme Court released State v. Michael Lee  Marsh, II, in which it overrules the first post-Furman capital decision in Kansas, State v. Kleypas, as to the constitutionality of the capital sentencing scheme.

http://www.kscourts.org/kscases/supct/2004/20041217/81135.htm

I am still digesting the opinion, but on first impression it appears that until the legislature fixes KSA 21-4624, there is no death penalty in Kansas.

David Freund
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