Attorney Reid Nelson also argued before the Kansas Supreme Court that Frazier Glenn Miller Jr.'s sentence should be overturned because the state's death penalty law is unconstitutionally vague.
Attorneys also argued in an afternoon session over whether the state's death penalty law itself is unconstitutional.
Nelson also argued that the state’s death penalty law is so broad that any first-degree, premeditated murder could be subject to the death penalty.
Carver-Allmond said she was not arguing the death penalty should be banned forever in Kansas.
Brant Laue, solicitor general of Kansas, argued for the state that the 2019 ruling has no effect on death penalty being constitutional in Kansas under the Bill of Rights.