Criminal Defense News

 SUPREME COURT REINSTATES KANSAS DEATH PENALTY

The United States Supreme Court today reversed a December 2004 decision by the Kansas Supreme Court and ruled that the Kansas death penalty statute is constitutional.

“I am pleased that the highest court in this land has recognized the flawed reasoning of the Kansas Supreme Court and now acknowledges the right of the people of Kansas through their elected representatives to impose the most severe penalty against our most heinous murderers,” Attorney General Kline said. “I applaud the decision by the Court.”

In a 5-4 decision, the Court ruled that a state may constitutionally require the death penalty if mitigating and aggravating factors are in equal balance.

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. Read more at accesskansas.org

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	Did You Know?
	Res Ipsa Loquitur - Literally, "a thing that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.