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14-1898 - Wayne D. Kubsch v. Ron Neal


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14-1898 - Wayne D. Kubsch v. Ron Neal
August 12, 2015
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Filed opinion of the court by Judge Hamilton. AFFIRMED. Diane P. Wood, Chief Judge, dissenting; John Daniel Tinder, Circuit Judge and David F. Hamilton, Circuit Judge. [6684609-1] [6684609] [14-1898]
September 23, 2016
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Filed opinion of the court by Judge Wood. The judgment of the district court is REVERSED and the case is REMANDED for issuance of the writ of habeas corpus, unless the state within 120 days takes steps to give Kubsch a new trial. Diane P. Wood, Chief Judge; Richard A. Posner, Circuit Judge; Joel M. Flaum, Circuit Judge; Frank H. Easterbrook, Circuit Judge; Michael S. Kanne, Circuit Judge; Ilana Diamond Rovner, Circuit Judge; Ann Claire Williams, Circuit Judge; Diane S. Sykes, Circuit Judge and David F. Hamilton, Circuit Judge, dissenting. (Circuit Judge Hamilton, joined by Circuit Judges Easterbrook and Sykes, dissenting.) [6785163-1] [6785163] [14-1898]