Kansas v. Gleason (14-452)
argument 14-452Kansas v. Gleason
Supreme Court of the United States
1h 1m
7 speakers
8 chapters
transcribed 5 days ago
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What is the central Eighth Amendment issue in Kansas v. Gleason?
We'll hear argument first this morning in case fourteen four four four four four fifty two, Kansas versus Gleason, uh and the consolidated cases. Uh General Schmidt.
Mr Chief Justice, and may it please the Court. These sentences do not offend the Eighth Amendment. Each of these jurors was able to give meaningful effect to anything and everything he heard and presented in mitigation. The verdicts reflect the reasoned moral response of these jurors to the aggravated brutality of these crimes, the weak claims for mitigation, and the individual assessment of each respondent's moral culpability.
Whenever the eighth amendment uh does not require that it would be better practice for the trial does to tell the jury what the burden is on mitigators, just to ward off any possibility of confusion.
And in fact, Justice Ginsburg that now happens in Kansas subsequent to this case. The state made a decision to alter its pattern instructions, but that's not required by the Eighth Amendment.
In
fact the Kansas
why can't we presume it's required by the state law, not the constitution. mean as I'm reading the decision below, the court is saying Yeah. the principles of the Eighth Amendment. give voice to or support for the use of this burden and that and Kansas is commanding it. Well,
I I think not, Your Honor. Uh this decision, these decisions, were plainly based on the Kansas Supreme Court's interpretation, not of state law, but of the Eighth Amendment. And I I would point out uh a couple of reasons I believe that conclusion is inescapable. Uh first, uh uh the court's conclusion, uh which is indicated at page one hundred three in our application, the the summary of what it did. The Court indicated very plainly that it was talking about uh uh mitigating evidence as required by the Eighth Amendment, with no reference to state law or state practice whatsoever. Uh second, this argument has been presented previously when Kansas has been before this court. This court rejected a similar argument in Kansas versus Marsh.
It rejected a similar argument in Kansas versus Cheever two terms ago. It presumably rejected, or at least did not embrace, the similar argument made at the cert stage in these cases. And in fact, um in the uh Kansas versus Marshall. Can Kansas Supreme Court read these cases? Perhaps I ought not answer that, Justice Scalia,
but uh how can you explain it if if indeed our prior cases are so clear on the point? Justice Scalia, I I I I d of course
don't know how to answer the question. I I can only say that this decision, these decisions, clearly are based on that court's interpretation of the Eighth Amendment.
But that can't be. Already we know and the Kansas Court knew the dissent pointed out that a burden for mitigating circumstances of a preponderance of the evidence is okay. So they can't believe That no burden is required by the constitution. Well, they know that there is no requirement because the cases mentioned by you And Justice Scalia say that. So c it has to be their view of state law.
No, Your Honor, I believe it's error, and that's why we're in front of this court. And I if there's any questions about that. I
suppose the issue is not what they believe, but what they said. They they did an image. We we look at what they said. And if they said that it's the Eighth Amendment, uh it's the Eighth Amendment.
In the ten pages of the majority opinion on this subject, uh, in the Gleason case, Your Honor, there are eight references to the Eighth Amendment. In the dissent, slightly fewer pages in total, but eighteen references to the Eighth Amendment. And in the Gleason decision, uh it's in our reply at page eight. The Kansas Supreme Court rejected the notion that the subject subject matter at issue here wasn't required by the Eighth Amendment and instead wrote both recommended statements from the prior case, the one at issue.
Uh is it necessary for us to remand to the uh Canada Supreme Court? to determine for them to determine whether state law Uh Would Council would require a different result on this issue.
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Chapters
8 chapters
1
What is the central Eighth Amendment issue in Kansas v. Gleason?
0:00–7:28
2
How does the Court view Kansas’s pattern‑jury instructions on mitigating evidence?
7:28–15:16
3
Why do the parties argue that the Kansas Supreme Court’s decision is based on state law rather than the federal Constitution?
15:16–23:39
4
What precedent from *Boyd v. California* is being applied to assess jury confusion?
23:39–31:43
5
How do the Justices differ on whether a per‑se burden‑of‑proof rule is required by the Eighth Amendment?
31:43–39:56
6
What role do ‘catch‑all’ and mercy instructions play in the mitigation analysis?
39:56–46:50
7
Why is a remand being considered and what issues would it resolve?
46:50–54:35
8
What is the final recommendation of the counsel regarding reversal or remand of the case?
54:35–1:01:21