Topeka ? The Kansas Supreme Court on Friday ruled the state’s 1994 death penalty law unconstitutional in 4-3 decision that centered on technical error in the law. The state Legislature could fix the problem during its upcoming session.

But it also means six convicted killers now facing death penalties will be resentenced and will not be back on death row. That’s because even if the Legislature approves a new death penalty law, the maximum sentence the men could face would be life in prison, the harshest alternative sentence on the books at the time of their crimes, said court spokesman Ron Keefover.

The ruling said the death penalty statute is unconstitutional because of a provision about how juries weigh arguments for and against the death penalty during sentencing. The law now says that if the jury finds the arguments for and against putting a person to death about equal, the decision should favor the state. That means the defendant would be sentenced to die.

No one has been executed since the law took effect in 1994.

The court first identified the problem in 2001 in an appeal filed by convicted murderer Gary Kleypas. While his conviction was upheld, the court ordered he and three other killers be resentenced with revised jury instructions that tried to correct the problem.

But on Friday, the majority of the court said the Legislature needs to rewrite the statute to comply with that 2001 ruling and the U.S. Constitution.

In a dissenting opinion, Chief Justice Kay McFarland said all seven justices agreed in 2001 the death penalty was constitutional and to strike the law down now is “wholly inappropriate and unjustified.”

Friday’s ruling involved the appeal of Michael Marsh II of Wichita, who sentenced to die for the June 1996 deaths of Marry Anne Pusch, 21, and Marry Elizabeth Pusch, who was 19 months old. The toddler died days after being seriously burned in a fire that destroyed the Pusch home in Wichita.

In addition to Marsh, brothers Reginald and Jonathan Carr, John Robinson Sr., Douglas Belt and Gavin Scott will escape the death penalty.

The Carr brothers were convicted for the 2000 shooting deaths of four Wichita residents. A fifth woman was shot and survived. Robinson was convicted for the death of two women who found in barrels on his farm in rural Linn County. He was also convicted in Missouri and sentenced to life in prison for the deaths of five women between 1984 and 2000.

Belt was convicted of murder, attempted rape and aggravated arson for killing 43-year-old Lucille Gallegos, and Scott was convicted of killing Doug and Elizabeth Brittain in 1996.

In the 2001 Kleypas ruling, the court ordered new sentencings for Kleypas, Marsh, Gavin Scott and Stanley Elms, using new jury instructions saying the tie goes to the defendant when weighing aggravating and mitigating circumstances.

Elms recently reached an agreement with prosecutors to waive his appeal and be sentenced to life in prison.

Matt All, chief counsel for Gov. Kathleen Sebelius, said the legislators and juries felt that the death penalty was appropriate punishment for people who committed heinous crimes and the law should stand.

“We think that what needs to happen is the attorney general needs to appeal this ruling,” All said.

Kansas House Speaker Doug Mays predicted that the Legislature would fix the problem with the death penalty law, arguing that most Kansans support capital punishment.

“We will make whatever changes are necessary in the next session to reinstate capital punishment,” Mays said. “The sooner we get back on track, the better.”

The Legislature reconvenes Jan. 10.

Attorney General Phill Kline’s office was reviewing the ruling and would comment later, spokesman Whitney Watson said.

In addition to striking down the death penalty, the court reversed Marsh’s capital murder conviction and ordered a new trial, saying the trial judge prejudiced Marsh’s defense by refusing to admit evidence that Marry Anne’s husband may have been involved in the murders.

The court did affirm Marsh’s conviction on the non-death penalty counts of first-degree murder and aggravated burglary, along with his sentences of life without parole for 40 years on the murder charge, and 24 months for the burglary count.