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Habeas proceeding stays execution

March 16, 2011

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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