The Court does not offer an estimated time frame as to when they will issue final opinions.The wichita massacre. The matter was back today for arguments on the remaining issues not decided by the Kansas Supreme Court in 2014.Īt the close of the arguments today, the Kansas Supreme Court took the two cases “under advisement,” meaning the court will now review the case and issue final decisions at some future date. The State of Kansas appealed this decision to the United State Supreme Court and in 2016, the US Supreme Court reversed the decision of the Kansas Supreme Court. Other issues raised by the defendants on the grounds of Kansas law were not decided at that time. That decision was based on a finding that the United States Constitution had been violated by the penalty phase of the two cases having been tried together. In 2014, the Kansas Supreme Court upheld the guilty verdicts against both defendants but overturned the verdicts of death against each defendant.
David Lowden, former Chief Attorney of the Appellate Division of the Office of the District Attorney, 18 th Judicial District, argued the case for the State of Kansas while appellate attorneys, Debra Wilson and Clayton Perkins, presented arguments on behalf of the respective defendants. “The Kansas Supreme Court heard arguments today in the cases of State v. On Monday afternoon, Sedgwick County District Attorney Marc Bennett released the following statement: If it does, the district attorney in Sedgwick County would make the call if there will be a new jury to repeat just the sentencing phase. The case could be brought back to Sedgwick County eventually. “The ultimate degree of care must be given to the human being involved.” “When the government seeks the ultimate penalty,” said Dan Monnat. KSN Legal Analyst Dan Monnat says the proceedings are not swift in death penalty phase arguments. Wilson argued Reginald Carr should have been able to testify that he was not responsible and that it may have been a case of mistaken identity.ĭefense attorneys argue Carr brothers’ trials were ‘riddled with errors’
“What we have argued is that the prejudice in not allowing him to present his defense in the guilt phase leached into the penalty phase,” said Debra Wilson, attorney for Reginal Carr to the Kansas Supreme Court on Monday. The court will ultimately make a ruling again whether the death penalty should be upheld or overturned on other grounds The courts heard arguments on the sentencing phase, including errors that may have taken place during sentencing. Though the brothers’ convictions have been upheld, the sentencing phase of the capital murder charges is the focus of the appeal process. During the trial, she was referred to as H.G. One woman survived when a bullet hit a barrette in her hair. Brad Heyka, Heather Muller, Aaron Sander and Jason Befort were killed. Finally, after being forced to take money out of ATMs, they were taken to a field, shot in the head, run over, and left for dead. A few days later, the brothers broke into a home where they abused and terrorized the five friends present inside for hours. The week-long crime spree involved the robbery of an assistant baseball coach and the carjacking of Ann Walenta, a local cellist, who was injured and later died in the hospital. Jonathan and Reginald Carr were convicted in 2002 on four counts of capital murder, one count of murder, one count of attempted murder, and multiple counts of rape, kidnapping, and robbery. (KSNW) – The case involving two brothers convicted in a crime spree in December 2000 in Wichita that left five people dead was the focus of arguments in the Kansas Supreme Court Monday.