Even among people who deal with violent crime all the time, there are some crimes of such revolting depravity, such pure evil, that they knock us back in our chairs just reading about them. The United States Supreme Court considers such a case tomorrow. It is the notorious case of brothers Jonathan and Reginald Carr, whose crime spree culminated in a case called the Wichita Massacre.
The horrifying facts of the case are described briefly in CJLF's brief and press release.
The Federalist Society will have a "courthouse steps" teleforum. Details at the end of this post.
The Kansas Supreme Court bent over backwards to overturn the supremely well-deserved sentences of the Carr brothers. Along with a dubious holding on severance of the cases, the majority's far-fetched theory is that because the jury was instructed to find other matters beyond a reasonable doubt, the fact that the jury was not expressly instructed on the burden of proof for mitigation meant that the jury might have turned this around and imposed a similar burden on the defendant to prove mitigating circumstances. Under this scenario, a jury supposedly might have ignored mitigation proved by a preponderance but not beyond a reasonable doubt and then unanimously agreed to a sentence that the jurors would not have thought just if they had considered those circumstances.
"Preposterous" barely describes this convoluted logic.
The horrifying facts of the case are described briefly in CJLF's brief and press release.
The Federalist Society will have a "courthouse steps" teleforum. Details at the end of this post.
The Kansas Supreme Court bent over backwards to overturn the supremely well-deserved sentences of the Carr brothers. Along with a dubious holding on severance of the cases, the majority's far-fetched theory is that because the jury was instructed to find other matters beyond a reasonable doubt, the fact that the jury was not expressly instructed on the burden of proof for mitigation meant that the jury might have turned this around and imposed a similar burden on the defendant to prove mitigating circumstances. Under this scenario, a jury supposedly might have ignored mitigation proved by a preponderance but not beyond a reasonable doubt and then unanimously agreed to a sentence that the jurors would not have thought just if they had considered those circumstances.
"Preposterous" barely describes this convoluted logic.
The standard jury instruction used in the Gleason case, where this holding was first announced, and the Carr brothers' case reads:
Kansas selects its Supreme Court justices in the worst possible way. The Governor is limited to a short list prepared by the State Bar. Imagine what the U.S. Supreme Court would be like if all the Presidents from Ronald Reagan to the present were limited to a list of three handed to them by the American Bar Association. It would hardly matter who wins the election. The Court would consist solely of left-wing judicial activists because the ABA would not put any others on its list. Kansas really needs to dump this system.
The Fed Soc courthouse steps teleforum will be at 3:00 ET tomorrow. Will Haun will give us his observations. The announcement is here. The call-in number is 888-752-3232.
"The determination of what are mitigating circumstances is for you as jurors to decide under the facts and circumstances of the case. Mitigating circumstances are to be determined by each individual juror when deciding whether the State has proved beyond a reasonable doubt that the death penalty should be imposed."On its face, this instruction clearly tilts the burden in the defendant's favor, something the Constitution does not require but Kansas law does. It will be interesting to see the defense lawyers try to defend this decision.
Kansas selects its Supreme Court justices in the worst possible way. The Governor is limited to a short list prepared by the State Bar. Imagine what the U.S. Supreme Court would be like if all the Presidents from Ronald Reagan to the present were limited to a list of three handed to them by the American Bar Association. It would hardly matter who wins the election. The Court would consist solely of left-wing judicial activists because the ABA would not put any others on its list. Kansas really needs to dump this system.
The Fed Soc courthouse steps teleforum will be at 3:00 ET tomorrow. Will Haun will give us his observations. The announcement is here. The call-in number is 888-752-3232.
The Kansas Supreme Court bent the law to help out two vicious murderers. That says a lot about these judges. Republican politicians in Kansas should not hesitate to criticize these judges in the harshest possible terms.