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KANSAS v. MARSH

No. 04-1170.

548 U.S. 163 (2006)

KANSAS v. MARSH

Supreme Court of United States.

Reargued April 25, 2006.

Decided June 26, 2006.

Attorney(s) appearing for the Case

Phill Kline, Attorney General of Kansas, argued and reargued the cause for petitioner. With him on the briefs were Nola Tedesco Foulston, Jared S. Maag, Deputy Attorney General, Kristafer Ailslieger, Assistant Attorney General, Theodore B. Olson, Mark A. Perry, Matthew D. McGill, Chad A. Readler, and Mary Beth Young.

Rebecca E. Woodman argued and reargued the cause and filed a brief for respondent.*

Justice THOMAS delivered the opinion of the Court.

Kansas law provides that if a unanimous jury finds that aggravating circumstances are not outweighed by mitigating circumstances, the death penalty shall be imposed. Kan. Stat. Ann. § 21-4624(e) (1995). We must decide whether this statute, which requires the imposition of the death penalty when the sentencing jury determines that aggravating evidence and mitigating evidence...

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