Indiana Death Row

HOUGH, KEVIN LEE # 52

EXECUTED BY LETHAL INJECTION ON 05-02-03 12:25 AM EST

DOB: 08-17-1959 DOC#: 872039 White Male

Allen County Superior Court
Special Judge Edward J. Meyers

Prosecutor: Stephen M. Sims, Robert E. Love

Defense: Bruce R. Snyder, Bruce S. Cowan

Date of Murder: November 6, 1985

Victim(s): Ted Bosler W/M/49; Gene Rubrake W/M/56 (Landlords of Hough's cousin)

Method of Murder: shooting with .45 handgun

Summary: Hough was upset with his cousin's landlords, Bosler and Rubrake. When his cousin failed to pay rent, his landlords took his cousin's property. Along with his brother, Duane Lapp, Hough went to their residence in Fort Wayne "to get the property back." They were invited inside and once downstairs, Hough pulled a .45 automatic pistol. When Rubrake swung at him, Hough shot him in the chest. Bosler dropped to the floor and Hough shot him in the back. Hough then shot Rubrake again in the face. Hough took a TV remote and a beer which he thought may have fingerprints and left. Lapp testified at trial as the State's star witness.

Trial: Information/PC for Murder filed (04-10-86); Amended Information for DP filed (05-21-86); Voir Dire in Marion County (05-11-87); Jury Trial in Allen County (05-12-87, 05-13-87, 05-14-87); Verdict (05-14-87); DP Trial (05-15-87); Verdict (05-15-87); Court Sentencing (06-11-87).

Conviction: Murder, Murder

Sentencing: June 11, 1987 (Death Sentence, Death Sentence)

Aggravating Circumstances: b(1) Robbery; Prior murder conviction; 2 murders

Mitigating Circumstances: None

Direct Appeal:
Hough v. State, 560 N.E.2d 511 (Ind. October 4, 1990)
Conviction Affirmed 5-0 DP Affirmed 3-2
Pivarnik Opinion; Givan, Shepard concur; Debruler, Dickson dissent.
Hough v. State, 560 N.E.2d 522 (Ind. 1990) (Rehearing)

PCR:
PCR Petition filed 06-21-93.
PCR denied, Summary Judgment to State granted on 08-09-94 by Special Judge Edward J. Meyers.

Hough v. State, 690 N.E.2d 267 (Ind. 1997)
(Appeal of PCR denial by Special Judge Edward J. Meyers, granting State's Motion for Summary Judgment)
Affirmed 5-0; Selby Opinion; Shepard, Dickson, Sullivan, Boehm concur.
Hough v. Indiana, 119 S.Ct. 550 (1998) (Cert. denied).

Habeas:
Petition for Writ of Habeas Corpus filed on 08-11-98 in U.S. District Court, Northern District of Indiana.
Writ denied by U.S. District Court Judge Allen Sharp on 10-14-99. Hough v. Anderson, 73 F.Supp.2d 981 (N.D. Ind. October 12, 1999)
(Petition for Habeas Writ denied by Judge Allen Sharp)

Hough v. Anderson, 272 F.3d 878 (7th Cir. November 20, 2001)
(Appeal of denial of habeas by Judge Allen Sharp. Affirmed 3-0; Opinion by Judge Kenneth F. Ripple; Judge Diane P. Wood and Judge Terrance T. Evans concur.)

Hough v. Indiana, 123 S.Ct. 1927 (May 1, 2003) (Application for Stay denied).

HOUGH WAS EXECUTED BY LETHAL INJECTION ON 05-02-03 12:25 AM EST. HE WAS THE 80TH CONVICTED MURDERER EXECUTED IN INDIANA SINCE 1900, AND THE 10TH SINCE THE DEATH PENALTY WAS REINSTATED IN 1977.

As of July 1, 2006


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