Author Archives: Jennifer L. Rediehs

http://www.dreamstime.com/stock-images-gavel-image21788164

Eastern District of California Throws Out Civil Rights Lawsuit Against Modesto County Officials in Wrongful Conviction Case

On January 15,1997, a rental home in Modesto, California owned by George Souliotes burned down, killing tenant Michelle Jones and her two children. Authorities arrested Souliotes, charging him with three counts of homicide and one count of arson. At trial, fire investigators from the Modesto County Fire Department testified that the fire was caused by arson. They relied on several factors to support their conclusion: the fire being unusually hot; “pour patterns” on the floor where flammable liquids obviously had been poured and ignited; “deep…

Continue Reading....
Judge Holding Documents

Sixth Circuit Upholds Dismissal of Civil Rights Action Based Upon Wrongful Conviction in Arson/Murder Case

In 1986, David Gavitt was sentenced to life in prison after a jury convicted him of arson and felony murder stemming from a fire that took the life of his wife and two daughters. In 2012, the state court granted Gavitt’s unopposed motion for relief from judgment due to newly discovered evidence based on advancements in fire science. The judgment was vacated, charges dismissed, and Gavitt was released from jail. Gavitt later brought a civil rights action against numerous city and county entities, prosecutors, police…

Continue Reading....

In a Split Decision, Seventh Circuit Affirms District Court’s Denial of Habeas Corpus in Arson/Murder Case

In 1993, Glenn Patrick Bradford, a then Evansville, Indiana police officer, was convicted of murder and arson and sentenced to 80 years in prison. Bradford filed a petition for habeas corpus in federal court, but the Southern District of Indiana denied review last November. In Bradford v. Brown, 2016 U.S. App. LEXIS 14260, the Seventh Circuit affirmed the district court’s denial of Bradford’s request. In a factually rich opinion, Judge Posner, joined by Judge Kanne, found that Bradford failed to present sufficient evidence to…

Continue Reading....
iStock_000054736346

New Jersey Superior Court Rules the Nose is Not Enough for Arson Conviction

On July 11, 2016, the Superior Court of New Jersey reversed the conviction of an alleged arsonist, vacated her sentence, and remanded the case for a new trial. State v. Satoris, No. A-1079-13T1, 2016 N.J. Super. Unpub. LEXIS 1605 (Super. Ct. App. Div. July 11, 2016). In 2013, defendant Cheryl Satoris was convicted of third-degree arson. She appealed the conviction, arguing that she was entitled to a new trial because the trial court erroneously permitted the state to introduce evidence concerning a canine’s detection…

Continue Reading....
80831090

The Importance of the Product Defense Attorney at the Fire Scene: Part Four

Part 4 – Attendance at the Fire Scene –Post Scene Exam Defense Planning The attendance of a product defense attorney at the fire scene can greatly assist in the defense of a fire loss. Of course, that benefit is only fully realized when an attorney is sufficiently prepared and takes a proactive role when at the scene. If a client chooses to send an attorney to a fire scene, the attorney should make the most of that opportunity and gather as much information as possible…

Continue Reading....
model release:
property release:

The Importance of the Product Defense Attorney at the Fire Scene: Part Three

Part 3 – Attendance at the Fire Scene: Investigation of the Area of Origin and Scene Wrap-Up The attendance of a product defense attorney at the fire scene can greatly assist in the defense of a fire loss. Of course, that benefit is only fully realized when an attorney is sufficiently prepared and takes a proactive role when at the scene. If a client chooses to send an attorney to a fire scene, the attorney should make the most of that opportunity and gather as…

Continue Reading....
iStock_000018723000_Large

The Importance of the Product Defense Attorney at the Fire Scene: Part Two

Part 2: Attendance at the Fire Scene – Information Gathering and Initial Investigation The attendance of a product defense attorney at the fire scene can greatly assist in the defense of a fire loss. Of course, that benefit is only fully realized when an attorney is sufficiently prepared and takes a proactive role when at the scene. If a client chooses to send an attorney to a fire scene, the attorney should make the most of that opportunity and gather as much information as possible…

Continue Reading....
iStock_000018723000_Large

The Importance of the Product Defense Attorney at a Fire Scene

Part 1 – Preparation The attendance of a product defense attorney at a fire scene can greatly assist in the defense of a fire loss. Of course, that benefit is only fully realized when an attorney is sufficiently prepared and takes a proactive role when at the scene. If a client chooses to send an attorney to a fire scene, the attorney should make the most of that opportunity and gather as much information as possible to assist in the case. This series of blog…

Continue Reading....