The Supreme Court on Monday scheduled the new argument in a key death penalty case for Tuesday, April 25, at 1 p.m. It is the only case set for an afternoon hearing during the April session. The case is Kansas v. Marsh (04-1170). It tests whether a state may constitutionally require a death sentence if the jury finds that aggravating factors and mitigating factors are in balance.
The case was originally argued on Dec. 7, when Justice Sandra Day O’Connor was still on the Court. On March 24, after Justice Samuel A. Alito, Jr., joined the Court, the Justices set the case for re-argument.
A final decision is expected during the current Term.
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