[2] After Marsh's sentencing, the Kansas Supreme Court in State v Kleypas, declared the law unconstitutional under the Eighth Amendment and overturned it.

[3] Ruling that "fundamental fairness requires that a 'tie goes to the defendant' when life or death is at issue".

Indeed, one of the arguments made by the abolitionists is that the process of finally completing all the appeals and reexaminations of capital sentences is so lengthy, and thus so expensive for the state, that the game is not worth the candle.

The proof of the pudding, of course, is that as far as anyone can determine (and many are looking), none of cases included in the .027% error rate for American verdicts involved a capital defendant erroneously executed.

At the start of the second trial, Marsh pled guilty and was sentenced to life in prison.