Kubsch online dating

As for the waiver of counsel claim, the Indiana Supreme Court rejected the claim in a careful discussion tailored to the facts of this case. Not until autopsies were done the next day did the police learn that Rick and Aaron, in addition to their multiple stab wounds, had each been shot in the mouth. If the rule excluding evidence is in fact the product of a genuine balancing of interests by the state, that weighs in favor of respecting the balance by regarding the evidence as unreliable no matter which side it favors. Nothing in the record indicates that the State would have been able to introduce Amanda's recorded statement if it had been inculpatory rather than exculpatory. The State thus seems to have struck a genuine balance that excludes hearsay evidence like this no matter whom it benefits. The Chambers line of cases can also protect the accused from a restrictive evidentiary rule that is disproportionate to its purposes. Reliability Reliability is the core of the hearsay rule and its many exceptions. On Kubsch's claim under Chambers, our focus is on the state court's legal analysis under subsection (d)(1), not factual findings under (d)(2). The police did not arrest him for the murder immediately.

His able trial counsel tried hard to have the statement admitted; they were not successful but also were not constitutionally ineffective. The state courts affirmed the convictions and sentence on direct appeal, Kubsch v. E.2d 726 (Ind.2007), and on post-conviction review, Kubsch v. The district court denied relief on all claims, Kubsch v. He told Nichols that Beth was “gone,” which Nichols understood to mean that she was dead, not missing. And while “gone” might be explained away as ambiguous, Kubsch also told Nichols that Rick and Aaron had been stabbed and shot. Asked several times by the officers to tell them what happened, Kubsch chose instead to invoke his right not to speak without an attorney.

The only blood found on the scene belonged to the victims. The Parity Principle One way a state rule of evidence may be arbitrary is where it restricts the defense but not the prosecution. Second, each statement was corroborated by other evidence. Georgia also addressed the exclusion of hearsay testimony. The Supreme Court reversed, emphasizing the state's use of the evidence against Moore as perhaps the “most important” reason for trusting the reliability of the testimony. The confession was made spontaneously to a close friend, it was against Moore's penal interest, there was no reason to believe Moore had any ulterior motive to make it, and there was ample corroborating evidence. Weighing in favor of reliability, the interview was recorded, so there is no doubt about what was said, and the interview took place just a few days after the events in question, when memories were fresh. 804(a)(3) advisory committee note (“the practical effect” of lack of memory “is to put the testimony beyond reach”); 2 Mc Cormick on Evidence § 253 (7th ed.) (a declarant who does not remember the subject matter of her testimony “is simply unavailable by any realistic standard”).

The police did not find evidence of the victims' blood on Kubsch or his clothing. Several cases in the Chambers line have emphasized this “ ‘parity’ principle: a state rule that restricts the presentation of testimony for the defense but not the prosecution will generally be deemed arbitrary.” Harris, 698 F.3d at 632, citing Akhil Reed Amar, Sixth Amendment First Principles, 84 Geo. Third, the statements were against the declarant's own interest. Two men, Green and Moore, participated in a rape and murder. At his trial and sentencing, the state had used against him his out-of-court confession to a friend that he had fired the fatal shots. “In these unique circumstances,” the Court wrote, “the hearsay rule may not be applied mechanistically to defeat the ends of justice.” Id., quoting Chambers, 410 U. In addition, Amanda was quite detailed and specific in her account. In this case, by contrast, there simply is no corroboration of Amanda's statement on the critical point, which is whether Aaron and Rick were at their home alive and well between and on the day they were murdered. Moreover, if the recorded statement had been admitted, the State would have been unable to test its accuracy through cross-examination. In the adversarial system of Anglo–American law, we put great trust in the power of cross-examination to test both the honesty and the accuracy of testimony.

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Kubsch's evidence is not sufficiently reliable to fit that narrow constitutional exception and to have required Indiana courts to disregard long-established rules against using ex parte witness interviews as substantive evidence at trial. Again the jury's verdict was for death and the judge imposed the death penalty. Kubsch then petitioned for a writ of habeas corpus in federal court, raising many more issues than we address in this opinion. He also did not mention that he had gone home a second time—shortly after work—before going to pick up his son in Michigan. His friend Dave Nichols and Nichols' wife testified that Kubsch called them about or that evening and said two things known to the killer but not yet known to the police. He did not appear surprised to learn of Beth's death.

He ended his brief statement to the jury by saying he did not care what penalty was imposed. He told the police that he had gone home at lunch but could not get inside because he had forgotten his house key. Ed.2d 464 (2015) (per curiam) (summarily reversing grant of habeas petition), quoting Lopez v. They brought Kubsch back in for a second interview.

They also found no DNA or fingerprint evidence that pointed to him or anyone else as the killer. We have also denied relief where there was room for reasonable jurists to disagree. Fourth, the declarant was available at trial for cross-examination. Yet when Green was being sentenced and offered the same evidence to show that he was less culpable than Moore, it was excluded as hearsay. She had nothing to gain by lying and there is no indication that she did so. (No corroboration, that is, other than Monica's initial statement that she also saw Aaron at home that afternoon, a statement that Monica later corrected, that was never offered as evidence, and that could not have been admitted as substantive evidence to corroborate Amanda's statement.) The minimal corroboration for Amanda's recorded statement distinguishes this case from Chambers and Green and their reasoning. In addition, during the recorded interview, Amanda was never pushed on the critical details—the date and time she saw Aaron and Rick at their home. The prosecutor would have been stuck questioning a witness who did not even remember making the statement. It is virtually an article of faith that cross-examination is the “greatest legal engine ever invented for the discovery of truth.” California v.

Various items of physical evidence were consistent with Kubsch's guilt. Taken together they point toward Kubsch as the killer, though not definitively. Other factors weigh against her statement's reliability, however. Furthermore, in Green the Court described the corroborating evidence there as “ample,” and of course the state had treated the other man's confession to firing the fatal shots as sufficiently reliable to use it to sentence him to death. See Rice, 339 F.3d at 550 (affirming denial of habeas relief in part because state court found hearsay statements in question were not corroborated). The interviewing officer was simply taking her account as she spoke in an interview in the early stages of the investigation.

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Second, unlike the first trial, Kubsch decided to waive counsel and represent himself in the sentencing phase of the trial. He made no reference to the search for his missing wife, though there were obviously powerful reasons to be worried about her safety. In that first interview on the night of the murders, Kubsch gave the police his first account of his movements and activities that day. By this time, however, Anthony had come home and discovered the bodies of Rick and Aaron. He immediately summoned help, and so by the time Kubsch showed up at the house at p.m., police were there and it was taped off as a crime scene.

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