ILNews

Indiana Supreme Court upholds death sentence

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court has declined to grant a twice-convicted death row inmate’s request for a new trial, upholding his convictions and penalty for murders that go back more than a decade.

Justices issued a unanimous decision today in Wayne D. Kubsch v. State of Indiana, No. 71S00-0708-PD-335, affirming a post-conviction relief denial from St. Joseph Superior Judge Jane Woodward Miller.

Charged in 1998 with murdering his wife, her ex-husband, and her 11-year-old son, Kubsch was first convicted and sentenced to death in 2000, but that was reversed on appeal. A second trial resulting in his conviction and death sentence came in 2005, and the Supreme Court upheld that on direct appeal in 2007.

Kubsch sought a third trial on claims that the judge shouldn’t have allowed hearsay testimony – about him bragging while in the in the county jail about killing a child, and that an insurance official’s testimony that the company didn’t pay out benefits for his wife’s death – was improper.

The Supreme Court heard arguments Dec. 22, 2009.

Justice Robert D. Rucker wrote the unanimous opinion, which not only delved into the testimony issues but also addressed other matters such as ineffective assistance of counsel, prosecutorial misconduct, and other evidentiary errors at trial. Nine of the issues were waived because they were known and available at the time of Kubsch’s direct appeal, Justice Rucker wrote, and another three issues are barred because of the doctrine of res judicata.

 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

ADVERTISEMENT