Legal Opinion · Dissent

Wayne D. Kubsch v. Ron Neal

Court of Appeals for the Seventh Circuit

Decided August 12, 2015No. 14-1898Published

1DissentWood, Chief Judge

My colleagues are prepared to send Wayne Kubsch to his death on the basis of a trial at which the jury never heard critical evidence that, if believed, would have shown that Kubsch was not the man responsible for the horrible murders of his wife Beth, her son, Aaron Milewski, and her ex-husband, Rick Milewski. I am not. They concede that the evidence against Kubsch was entirely circumstantial. While there is nothing wrong with circumstantial evidence, it is impossible to have any confidence in a verdict rendered by a jury that heard only part of the story. In my view, the state courts have…

2Cases cited28 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Harrington v. RichterSupreme Court of the United States · 2011
  4. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  5. Chambers v. MississippiSupreme Court of the United States · 1973

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