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FILE - In this Aug. 29, 2011 file photo, James Kraig Kahler, who was convicted of capital murder in the fatal shooting of his estranged wife, their two teenage daughters and his wife's grandmother, looks into the spectators gallery in Osage County District Court in Lyndon, Kan., during a break in his sentencing hearing. The U.S. Supreme Court is preparing to consider whether Kansas is improperly denying criminal defendants the right to an insanity defense is it takes up an appeal from Kahler who was sentenced to die for the killings. (Thad Allton/The Topeka Capital-Journal via AP, File)

FILE - In this Aug. 29, 2011 file photo, James Kraig Kahler, who was convicted of capital murder in the fatal shooting of his estranged wife, their two teenage daughters and his wife's grandmother, looks into the spectators gallery in Osage County District Court in Lyndon, Kan., during a break in his sentencing hearing. The U.S. Supreme Court is preparing to consider whether Kansas is improperly denying criminal defendants the right to an insanity defense is it takes up an appeal from Kahler who was sentenced to die for the killings. (Thad Allton/The Topeka Capital-Journal via AP, File)

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