Louisiana governor is on death row for the rape of his 8-year - old stepdaughter . Court reversed sentence for rape in 1970s , but current law continues . Stevens , Stevens and Kennedy express concern about fair application of law . 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 . Stevens , Ginsburg and Breyer express concern about fair application of law . Justice Kennedy might be the swing vote .