SOUTH BEND, Ind. (AP) — Indiana officials have asked the U.S. Supreme Court to take up a death penalty case stemming from a 1998 triple homicide in Mishawaka.

The South Bend Tribune reports that 49-year-old Wayne Kubsch was twice convicted of three counts of murder and sentenced to death for the brutal killings of his wife, Beth Kubsch, her ex-husband, Rick Milewski, and her 10-year-old son, Aaron Milewski.

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.

The U.S. Court of Appeals ordered Indiana officials to release Kubsch or give him another trial. Indiana Attorney General Curtis Hill’s office filed a petition this week that asks the Supreme Court to intervene, arguing the appeals court misinterpreted the law.