It concluded that a defendant who has been convicted of capital murder beyond reasonable doubt forfeits that right.
The court said that although the framers of the Kansas Constitution intended the right to be inalienable, they did not intend it to be nonforfeitable. A pair of sisters, raised with a deep disdain for police, get arrested for shooting a dog. It held that capital punishment does not infringe on the "inalienable right to life," that bill provides. After their brother is convicted of murder, three siblings hatch a deadly plot to avenge him by targeting the star witness in his trial. The Kansas high court on Friday rejected both challenges raised under the Kansas Constitution Bill of Rights. It remanded the case back to Kansas courts.įriday's decision came after the high court subsequently reviewed more than 20 penalty phase issues that had not been previously addressed, including two supplemental state constitutional issues raised after the 2016 U.S. Supreme Court in 2016 reversed that decision, saying the joint sentencing proceeding neither implicated the Carrs' Eighth Amendment rights nor violated their rights regarding due process. The Kansas Supreme Court in 2014 vacated the death sentences for both, concluding their Eighth Amendment right to an individualized sentencing was violated by the Sedgwick County District Court judge's refusal to sever their trial's penalty phase.
The Carr brothers also were convicted of first-degree murder in the Wichita gunshot death of 55-year-old Ann Walenta on Dec. survived because her metal barrette deflected the bullet, and ran naked for more than a mile in freezing weather to report the attack and seek medical attention. They returned to the house to ransack it for more valuables, and in the process killed Nikki, H.G.’s muzzled dog. She provided key testimony during the Carr brothers' trial. The Carr brothers then drove Befort’s truck over the bodies. The woman ran to a house for help and to report the slayings.
They were victimized sexually before being driven to a soccer field, forced to kneel in the snow and shot in the back of the head.Ī fifth person, a woman, also was shot in the back of the head, but a hair clip diverted the bullet, saving her life. The four hadn't previously known the Carrs. Reginald Carr, 44, and Jonathan Carr, 41, were condemned to death by lethal injection in 2002 in Sedgwick County District Court for capital murder in the gunshot killings in Wichita of Jason Befort, 26 Aaron Sander, 29 Heather Muller, 25 and Brad Heyka, 27. The ruling brought the state one step closer to seeing its first execution since 1965. The Kansas Supreme Court on Friday affirmed the death sentences of brothers Reginald and Jonathan Carr for four murders committed in December 2000 in Wichita.
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