The Latest: Ruling pleases triple-slaying suspect's attorney

INDIANAPOLIS (AP) - The Latest on the U.S. Supreme Court's decision not to hear an appeal of a ruling that threw out a man's triple murder conviction (all times local):

5:20 p.m.

The attorney for a man in a triple-slaying case says he's relieved the U.S. Supreme Court didn't take up Indiana's appeal of a ruling that threw out his client's second conviction and death sentence.

Attorney Alan Freedman helped handle Wayne Kubsch's appeal of his conviction in the slayings of his wife, her ex-husband and her 10-year-old son.

He says the high court's decision Monday not to hear Indiana's appeal of a federal appeals court ruling means his client will get a third trial with new evidence.

September's appellate court ruling found that jurors should have heard evidence that one of the victims was seen alive after the time prosecutors allege Kubsch committed the killings.

Freedman says admitting that evidence means his client will have a chance for a fair trial.

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2:58 p.m.

A northern Indiana prosecutor plans to retry a man in a triple-slaying case now that the U.S. Supreme Court has opted not to hear the state's appeal of a ruling that threw out his second conviction and death sentence.

Jessica McBrier is the St. Joseph County prosecutor's spokeswoman. She says the office doesn't yet know when Wayne Kubsch will face his third trial for the 1998 slayings of his wife, her ex-husband and her 10-year-old son.

The high court 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 Kubsch committed the killings.

Kubsch was first convicted in 2000. He was convicted again after a second trial in 2005.