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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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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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