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 . WASHINGTON ( CNN ) -- Justice Kennedy might be the swing vote .
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 .