Kansas v. Marsh

Summary

The Court held that Kansas's capital sentencing statute, which requires imposition of the death penalty when aggravating and mitigating circumstances are in equipoise, does not violate the Constitution. The Court reversed the Kansas Supreme Court, finding the statute consistent with Eighth Amendment requirements and controlled by Walton v. Arizona. Justices Stevens and Souter dissented, arguing the grant of certiorari was improvident and the statute violates the Eighth Amendment.