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.[1]

Kansas v. Marsh
Seal of the United States Supreme Court
Argued December 7, 2005
Reargued April 25, 2006
Decided June 26, 2006
Full case nameKansas v. Michael Lee Marsh, II
Docket no.04-1170
Citations548 U.S. 163 (more)
126 S. Ct. 2516; 165 L. Ed. 2d 429
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
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Case opinions
MajorityThomas, joined by Roberts, Scalia, Kennedy, Alito
DissentSouter, joined by Stevens, Ginsburg, Breyer
Laws applied
U.S. Const. amend. VIII

See alsoEdit


  1. ^ The Supreme Court, 2005 Term — Leading Cases, 120 Harv. L. Rev. 144 (2006).

External linksEdit