Charles Jason Lively is an innocent man who has spent the last 12 years of his life incarcerated due to false fire “science” testimony. Charles Lively was convicted of 1st Degree Murder and 1st Degree Arson in 2007 for the murder of Dr. Ebb K. “Doc” Whitley at his home in Iaeger, West Virginia on March 15, 2005. The fire expert hired by the state in post-conviction, Dr. Craig Beyler, found the fire was not arson. Nevertheless, Mr. Lively remains in prison and convicted. The West Virginia Innocence Project is working with attorneys at Baker Botts L.L.P. on proving Mr. Lively’s innocence.
In June 2018, the U.S. Court of Appeals for the Fourth Circuit granted Lively permission to file an appeal based on his trial counsel’s failure to consult with outside fire experts. Baker Botts and WVIP will be filing an appeal with the court in Fall 2018.
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