A recent Kansas Supreme Court ruling showed some of the evidentiary issues faced in the trial of arson cases. The case was State v. Bollinger, (No. 110,945) and it was decided this month.
The facts of Bollinger are tragic. The defendant was involved in a marital separation and divorce drama with his spouse. The dispute escalated in intensity and bitterness. One night, a fire occurred at the residence of the parties, and the defendant claimed he could not remember how it began. The defendant’s spouse perished in the fire, and Bollinger was charged with felony murder and arson.