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Monday, September 26, 2016

Ind. Decisions - More on: Full 7th Circuit, 6-3, decides an Indiana case today, a prisoner appeal, reversing the district court, and the 7th Circuit panel

Updating this ILB post from Friday, Sept. 23, the AP is reporting:

Indianapolis — A northern Indiana prosecutor is weighing whether to retry a man after an appeals court threw out the man's triple-murder conviction.

Wayne Kubsch was convicted and sentenced to death in 2005 for the 1998 slayings of his wife, her ex-husband and her 10-year-old son. But the 7th Circuit Court of Appeals reversed those convictions Friday in a 6-3 decision.

The court found that a girl's statement that she saw one of the victims after the time prosecutors say Kubsch committed the killings was "critical evidence" jurors should have heard.

St. Joseph County Prosecutor Ken Cotter said Monday that he will consult with the victims' families and review case files before determining how to proceed.

From the South Bend Tribune:
A federal appeals court ushered in a chance for a third trial for Wayne Kubsch, a man sentenced to death twice after being found guilty in two former trials for the 1998 deaths of his wife, her ex-husband and 10-year-old son.

The 7th U.S. Circuit Court of Appeals ruled Friday that a videotaped testimony from then a 9-year-old girl from the 1998 investigation should have been allowed to be shown to a jury.

Posted by Marcia Oddi on September 26, 2016 02:00 PM
Posted to Ind. (7th Cir.) Decisions