by Rob Marin
KWCH 12 Eyewitness News
4:27 PM CDT, August 24, 2012
Currently nine men are sentenced to death in Kansas, including Scott Cheever. But the ruling in Cheever's case means that may change, and it wouldn't be the first time.
The death sentence for Gary Kleypas was overturned in 2011. That's when the Supreme Court found problems with how the law required jurors to weigh evidence for and against death. During a new sentencing in 2008, Kleypas was once again given a death sentence.
But it was a different outcome for the cases of Michael Marsh and Stanley Elms. The same issue in the Kleypas case, could have meant new trials for both men. To avoid appeals, prosecutors dropped the death penalty in those cases in exchange for life sentences.
Gavin Scott's death sentence was overturned twice due to mistakes during the penalty phase of his trial. In 2010 he made a plea deal in exchange for two consecutive life sentences.
And Phillip Cheatham awaits a new sentencing after an appeal determined he was inadequately represented during the penalty phase of his trial.
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