Criminal Law keyed to Dripps
Kansas v. Marsh
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Michael Lee Marsh II (Defendant) broke into the home of Marry Ane Pusch and waited for her to return. When Pusch returned home with her nineteen-month-old daughter Defendant repeatedly shot Marry Ane, stabbed her, and slashed her throat. Defendant then set the house on fire with the toddler inside, killing her. The jury convicted Defendant of capital murder of the toddler and first-degree premeditated murder for Marry Ane, aggravated arson, and aggravated burglary. The jury found, beyond a reasonable doubt, the existence of three aggravating circumstances, but those circumstances were not outweighed by any mitigating circumstances. Defendant was sentenced to death for the murder of the toddler, sentenced to life imprisonment for the murder of Marry Ane and additional imprisonment for the arson and burglary offenses. Defendant appealed and the Kansas Supreme Court reversed only the capital murder and aggravated arson convictions. The U.S. Supreme Court then granted certiorari to review.
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