Kansas death penalty to remain in effect while appeal is pursued

Death Penalty was Declared Unconstitutional on Friday [more]
The Kansas Supreme Court on Monday stayed its Friday ruling that the state's death penalty law was unconstitutional. "That decision is something that would have been expected," said Ron Keefover, the education and information officer for the Kansas Judicial Branch in Topeka. The decision means the state's death penalty will remain in effect while Attorney General Phill Kline pursues an appeal to the U.S. Supreme Court. Normally, appellate court decisions do not go into effect until a mandate is filed to the local courts, Keefover said. There is a 30-day period before mandates are filed, so that the losing side can attempt to appeal the ruling, he said. The decision Monday, Keefover said, delays the filing of that mandate until the U.S. Supreme Court decides on whether it will hear Kline's appeal. "Given the importance of this issue, we are pleased by the decision of the court to stay their ruling," Kline said in a release. "We will continue to pursue a motion to reconsider before the Kansas Supreme Court as well as our efforts to reverse this decision before the United States Supreme Court." Convicted Johnson County serial killer John E. Robinson Sr. is one of those sentenced to death whose case could be affected by last week's 4-3 decision. [more]