| Kansas v. Marsh | |
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| Argued December 7, 2005 Reargued April 25, 2006 Decided June 26, 2006 |
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| Full case name | Kansas v. Michael Lee Marsh, II |
| Docket nos. | 04-1170 |
| Citations | 548 U.S. 163 (more) |
| 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 | |
| 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.