Legal Opinion

David Gavitt v. Bruce Born

Court of Appeals for the Sixth Circuit

Decided September 1, 2016No. 15-2136/2434PublishedCited by 392 opinions

1Opinion of the Court

OPINION

McKEAGUE, Circuit Judge.

Plaintiff in the action from which these two appeals arise, David Gavitt, was sentenced to life in prison in 1986 after a jury found him guilty of arson and felony murder, charges stemming from a house fire that took the lives of his wife and two daughters. In June 2012, the state court granted Gavitt’s unopposed motion for relief from judgment based on newly discovered evidence. The newly discovered evidence is in the nature of advancements in fire science research and investigation methods that tend to impugn some of the evidence on which Gavitt’s convictions…

2Cases cited41 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  4. Pearson v. CallahanSupreme Court of the United States · 2009
  5. Scott v. HarrisSupreme Court of the United States · 2007

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3Cited by392 opinions

  1. Nathaniel Brent v. Wayne Cty. Dep't of Human Servs.Court of Appeals for the Sixth Circuit · 2018
  2. Charles Kaminski v. Brad CoulterCourt of Appeals for the Sixth Circuit · 2017
  3. Laskaris v. Fifth Third Bank (In Re Fifth Third Early Access Cash Advance Litig.)Court of Appeals for the Sixth Circuit · 2019
  4. Frank Savel v. MetroHealth Sys.Court of Appeals for the Sixth Circuit · 2024
  5. Robert Stein v. hhgregg Inc.Court of Appeals for the Sixth Circuit · 2017

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