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Assistant District Attorney David Lowden looks toward the gallery before starting his argument in a hearing before the Kansas Supreme Court in Topeka, Kan., Thursday, May 4, 2017. Lowden handled both of the Carr cases for the State. The Kansas Supreme Court heard arguments in its second review of the cases of Jonathan and Reginald Carr and struggled Thursday with whether it has the legal room to spare the two brothers from being executed for four notorious murders in what became known as “the Wichita massacre” after a strong ruling against the men from the U.S. Supreme Court. (AP Photo/Orlin Wagner)

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Kansas Supreme Court Justice Eric Rosen asks questions Thursday, March 16, 2017, during oral arguments in a legal fight over a state law banning a second-trimester abortion procedure and the larger question of whether the state constitution's Bill of Rights offered a fundamental right to an abortion.(Thad Allton/The Topeka Capital-Journal via AP, Pool)

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CORRECTS MISSPELLING OF FIRST NAME TO CALEB - FILE - This Dec. 5, 2014 file photo shows Kansas Supreme Court Justice Caleb Stegall in Topeka, Kan. (Thad Allton/The Topeka Capital-Journal via AP, File)

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Kansas Senate Majority Leader Terry Bruce, left, a Nickerson Republican, confers with Senate President Susan Wagle, right, a Wichita Republican, in a hallway at the back of the Senate chamber during its session, Tuesday, April 1, 2014, at the Statehouse in Topeka, Kan. Senate GOP leaders are pushing a school funding plan aimed at complying with a Kansas Supreme Court mandate to boost aid to poor school districts. (AP Photo/John Hanna)

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FILE - In this Jan. 9, 2014 photo kindergarten students run during a physical education class at Frank Rushton Elementary School, which has a high percentage of poor/at-risk kids, in Kansas City, Kan. On Friday, March 7, 2014, the Kansas Supreme Court said the state's current public school funding levels are unconstitutional and the state's poor school districts were harmed when the is made the decision to cut certain payments when tax revenues declined during the Great Recession. (AP Photo/John Hanna, File)