The justices were critical of the Kansas Supreme Court, which overturned the sentences of the men, including two brothers convicted in a murderous crime spree known as the "Wichita massacre." The Kansas Supreme Court overturned death sentences in both cases, saying the juries should have been told that evidence of the men's troubled childhoods and other factors weighing against a death sentence did not have to be proven beyond a reasonable doubt. Kansas Solicitor General Stephen McAllister argued that requiring the state to conduct separate sentencing hearings would lead to inconsistent results and unfairly allow defendants to preview the state's evidence. The jury instructions said aggravating factors had to be proven beyond reasonable doubt, but made no specification for mitigating factors.
High Court Weighs 3 Death Sentences In Kansas Cases
By SAM HANANEL, Associated Press, San Antonio Express-News: World
Wed, 10/07/2015 - 12:05pm
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