The Court today ordered re-argument in No. 04-1170, Kansas v. Marsh. Originally at issue in the case is the question of the constitutionality of Kansas’s death penalty statute, which provides that the death penalty will be imposed if the sentencing jury determines that the aggravating and mitigating factors are in equipoise; the Court also ordered additional briefing regarding its jurisdiction to consider the case.
Jason Tarricone’s pre-argument summary of the case is available here; you can read Lyle’s report on the argument here.
Marsh was apparently the only case set for re-argument today; Lyle reports that the case will be re-argued in April.
