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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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