Marsh was sentenced to die after a jury convicted him of first-degree murder in the June 1996 killing of Marry Ane Pusch and of capital murder in the death of her 19-month-old daughter, Marry Elizabeth. Pusch was shot, stabbed and her throat was slit. Her body was set on fire. The toddler died several days later from severe burns.
His appeal led the Kansas Supreme Court to declare the death penalty law unconstitutional in December 2004. The U.S. Supreme Court later affirmed the state's death penalty.
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