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Supreme Court had not addressed, including two supplemental state constitutional issues raised after the U.S.

The Kansas Supreme Court reviewed more than 20 penalty phase issues the U.S. Supreme Court sent the case back to the Kansas court. The nation’s highest court said the joint sentencing proceeding neither implicated the Carrs’ Eighth Amendment rights nor violated their rights under the due process clause. Lansing resident death tested positive for COVID-19īut two years later, the United States Supreme Court said the Kansas Supreme Court was wrong to overturn the death sentences. Back then, the court vacated the death sentence, concluding the Carrs’ Eighth Amendment rights to individualized sentencing were violated by the Sedgwick County District Court judge’s refusal to sever the penalty phase. In 2014, the two brothers appealed to the Kansas Supreme Court. This was not the first time Kansas’ highest court heard the case of the Carr brothers. “The legal path to this day has been long and winding for the victims and their families, for the Wichita and Sedgwick County community, and for all of Kansas, but today’s decisions by the Kansas Supreme Court are welcome confirmations that although the wheels of justice may turn slowly they do ultimately propel us all forward.” Derek Schmidt, Kansas Attorney General The defense for the State of Kansas argued none of that should impact the jury sentence of death.Īfter the Kansas Supreme Court issued its ruling Friday morning, Attorney General Derek Schmidt released this statement:

They also claimed there were issues with jury instructions.

Last May, both defense attorneys argued to the Kansas Supreme Court that the proceedings for the brothers should also have been separated in the penalty phase. The brothers were convicted in 2002 on four counts of capital murder, one count of murder, one count of attempted murder, and multiple counts of rape, kidnapping, and robbery. During the trial, she was referred to as H.G. One woman survived when a bullet hit a barrette in her hair.