FILE - In this Nov. 10, 2015, file photo, Frazier Glenn Miller Jr., convicted of capital murder, attempted murder and other charges, gestures as Johnson County deputies remove Miller from the courtroom during the sentencing phase of his trial at the Johnson County District Court in Olathe, Kan. A recent Kansas Supreme Court ruling declaring that the state constitution protects access to abortion has opened the door to a new legal attack on the death penalty. Attorneys for five of the 10 men on death row in Kansas, including Miller Jr., argue that the abortion decision means the state's courts can enforce the broad guarantees of "life, liberty and the pursuit of happiness" in the Bill of Rights in the Kansas Constitution. (Joe Ledford/The Kansas City Star via AP, Pool, File)
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