The Supreme Court of the United States won't hear
The justices on Monday left in place a federal appeals court ruling that said jurors should have heard evidence that one of the victims was seen alive after the time prosecutors allege Wayne Kubsch committed the killings.
Indiana officials said the appeals court misinterpreted the law.
Kubsch was first convicted in 2000, but the Indiana Supreme Court set aside his death sentence and convictions and ordered a retrial. He was convicted again after a second trial in 2005.