Document Type

Case Summary

Publication Date

7-2-2022

Case Synopsis

Kenneth Barlow was found guilty of multiple charges by a jury and sentenced to death for murdering two people. During the guilt phase of the trial, the State provided overwhelming evidence that Barlow had broken into the victims’ apartment and shot each of them multiple times. Barlow was prohibited by the district court from arguing during the penalty phase that if a single juror determines that there are mitigating circumstances sufficient to outweigh the aggravating circumstance that the death penalty is no longer an option and the jury must then consider imposing a sentence other than death. The Court clarified that when a jury cannot reach a unanimous decision as to the weighing of the aggravating and mitigating circumstances, the jury cannot impose a death sentence but must consider other sentencing options. The Court concluded that the district court abused its discretion by prohibiting Barlow’s argument. The Court concluded that Barlow was deprived of a fair penalty hearing for this error and others described within the case. No relief was warranted based on Barlow’s claims in the guilt phase. The Court affirmed the judgment of conviction in part, reversed it in part, and remanded for a new penalty hearing.

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