Legal Opinion
Kubsch v. State
Indiana Supreme Court
Decided May 22, 2007No. 71S00-0507-DP-333PublishedCited by 42 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
Appellant Wayne Kubseh has been tried twice for triple murder. Two juries found him guilty and both juries recommended the death penalty. This appeal arises from his second trial. Among other claims, he contends that the trial court erred in failing to appoint a special prosecutor to the case because St. Joseph County Prosecutor Michael Dvorak had a previous professional relationship with a witness who testified against Kubseh. We conclude that a special prosecutor was not necessary because no actual conflict existed between Dvorak and his duties to his former client,…
2Cases cited29 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Chambers v. MississippiSupreme Court of the United States · 1973
24 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Kubsch v. StateIndiana Supreme Court · 2010
- Treadway v. StateIndiana Supreme Court · 2010
- Wayne D. Kubsch v. Ron NealCourt of Appeals for the Seventh Circuit · 2016
- Pittman v. StateIndiana Supreme Court · 2008
- Hopper v. StateIndiana Supreme Court · 2011
37 more not listed; retrieve them via the Exa API.