April 25, 2006, 11:40PM
Alito ready to break tie in death penalty case
Ruling on Kansas law is being closely watched to gauge court on execution
By PATTY REINERT
Copyright 2006 Houston Chronicle Washington Bureau
WASHINGTON - New Supreme Court Justice Samuel Alito prepared to break a tie Tuesday as the high court heard arguments for the second time in a case that will determine the constitutionality of Kansas' death penalty law.
The justices first heard arguments in Kansas v. Marsh in December. But when Justice Sandra Day O'Connor, a swing voter on death penalty cases, retired before the court announced a decision, the remaining justices apparently were tied 4-4.
Now that Alito has taken his seat on the bench as O'Connor's successor, the case is being closely watched as an indicator of how the newly formed court of Chief Justice John Roberts will view death-penalty cases. Alito, who asked several questions of each side, did not indicate how he might vote.
At issue in this case is whether Kansas' death penalty law, passed in 1994, violates the U.S. Constitution by requiring a death sentence in cases where jurors conclude that either execution or life in prison would be equally just.
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http://www.chron.com/disp/story.mpl/nation/3819792.html