WASHINGTON (AP) — The Supreme Court won’t hear Indiana’s appeal of a ruling that threw out the conviction and death sentence of an Indiana man for the 1988 slayings of his wife, her ex-husband and her 10-year-old son in Mishawaka.
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.
A federal appeals court reversed the convictions in September, ruling Kubsch’s second trial in 2005 violated his right to a defense because the court barred evidence that might’ve cast doubt on his guilt.
This means Kubsch will get a new trial.