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Indiana Supreme Court upholds death sentence

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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.

 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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