Kansas v. Marsh
| Kansas v. Marsh | |||||||
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| 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 | |||||||
| 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 | |||||||
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| 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.