Kennedy v. Louisiana
United States Supreme Court
554 U.S. 407, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008)
Patrick Kennedy (defendant) was charged with, and convicted of, aggravated rape of his eight-year-old stepdaughter. The jury imposed the death penalty on Kennedy under a Louisiana statute authorizing capital punishment for the rape of a child under the age of 12 years. Kennedy appealed, arguing that the death sentence violated the Eighth Amendment barring cruel and unusual punishment. The Louisiana Supreme Court affirmed the conviction and sentence. The U.S. Supreme Court granted certiorari to review.
Rule of Law
Holding and Reasoning (Kennedy, J.)
Dissent (Alito, J.)
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