HARTFORD, CONN. (CBSNewYork) — Connecticut prosecutors want to re-argue the death penalty to the state Supreme Court.

As WCBS 880’s Jim Smith reported, the issue could ultimately rise to the federal level.

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Connecticut’s chief state’s attorney Kevin Kane said the state Supreme Court addressed issues and relied on materials that were never raised or presented when it issued a 4-3 ruling striking down the death penalty.

Kane argues they brought in issues such as whether there are racial disparities in administering the death penalty.

Quinnipiac University law professor Kevin Barry said the motion now is to reconsider.

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“The Connecticut prosecutors are going to be asking some of these very fundamental questions in this case. But the impact of this case will have reverberations nationally,” said Barry.

And while the eyes of the nation will be on this Connecticut case, ultimately Barry said it will rise to a federal level.

“These issues are going to come before the U.S. Supreme Court and the U.S. Supreme Court is going to have to decide,” he said.

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The state abolished the death penalty three years ago.