In 2002, a jury of the defendants’ peers heard the facts in the violent murder case, and found them guilty of 93 counts, including kidnapping, beating, rape, robbery, and murder. They were both given a sentence of death. 12 years later, despite copious DNA evidence, circumstantial evidence, and victim and eyewitness testimony, the Kansas Supreme Court overturned that verdict 6-1 and ordered separate re-trials.
In 2016, The U.S. Supreme Court disagreed, handing down an all but unanimous 8-1 reversal of the Kansas Supreme Court, written by the late Justice Antonin Scalia. The case now sits in front of the Kansas Supreme Court again to look at other possible issues to overturn on.
This is the fourth and fifth case the Kansas Supreme Court has reversed the jury’s decision. The U.S. Supreme Court has then re-instated the jury’s decision every single time.
The lack of justice and following of Kansas law by this Kansas Supreme Court is apparent in multiple cases.
Justice Scalia referring to the previous three death penalty cases the SCOTUS had already reversed the KSSC on:
“Did the Kansas Supreme Court read (our rulings on) those cases? How can you explain it if – if indeed our prior cases are so clear on the point? They don’t like the death penalty.” (Linked Transcript)