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Habeas proceeding stays execution

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Indiana Lawyer Rehearing

A federal judge has postponed the April execution of a St. Joseph County man convicted of killing his wife, her ex-husband, and her son.

U.S. Chief Judge Philip Simon granted a motion for stay of execution Jan. 27 for Wayne D. Kubsch, convicted of committing the 1998 murders in order to collect on his wife’s life insurance policy. He was originally convicted in 2000 but the conviction was reversed on appeal, and he was convicted again in 2005 and sentenced to death. The Indiana Supreme Court upheld that decision and death sentence last year, and in January the court ordered that his execution occur April 6.

Judge Simon’s decision gives Kubsch a chance to file a habeas corpus petition by April 27, with briefing and state records to be filed in federal court by August and traverse by the end of November. Oral arguments would also be held.

 

Rehearing: "Supreme Court sets execution date" IL Jan. 19-Feb. 1, 2011

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  • Enough is enough
    There has to be a way for the justice system to bypass all these nonsense appeals when there is absolutely ZERO reasonable doubt. The drawn out process of appeals for the obviously guilty must be addressed. This man is a POS who needs to go. Now.775

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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