The United States Supreme Court has sided with Kansas prosecutors in a death penalty case originating out of Osage County.
The high court affirmed the capital murder conviction in the case of James Kraig Kahler, who killed his wife, two daughters and wife’s grandmother in November 2009. In a 6-3 decision, the court said state law, which does not allow acquittals for defendants who don’t recognize their actions are morally wrong, does not violate due process as guaranteed by the 14th Amendment and as such is constitutional.
An Osage County jury convicted Kahler of capital murder in August 2011. He was then sentenced to death two months later.
Kahler has now exhausted his direct appeals in this case. He can file other appeals through what Attorney General Derek Schmidt calls collateral attacks on the conviction or sentence. He can do so in both state and federal court.
