Louisiana man is on death row for the rape of his 8-year-old stepdaughter . Court banned execution for rape in 1970s , but Louisiana law differs . Patrick Kennedy , 43 , would be the first convicted rapist in 44 years to be executed in a case in which the victim was not killed . Score: 6 Justice Kennedy might be the swing vote .
Louisiana man is on death row for the rape of his 8-year-old stepdaughter . Court banned execution for rape in 1970s , but Louisiana law differs . Score: 6 Justice Kennedy might be the swing vote .