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KANSAS v. KLEYPAS

Kansas Supreme Court No. 98-80920-S

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ORAL ARGUMENT DATE: Date not available

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Part I

I. In the Kansas capital sentencing system, the required "narrowing" is accomplished in the guilt phase; the "aggravating" factors need only qualify as "selection" factors, not "eligibility" factors.

A. Eligibility factors and selection factors
B. Application to the Kansas statuten

Part II

II. A state may constitutionally relax the rules of evidence in the penalty phase

Conclusion

Appendix: Penalty Phase Instruction No. 11