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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 1998 slayings of his wife, her ex-husband and her 10-year-old son.

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.


This story corrects the date of the slayings to 1998.