X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Jill Adaire Smith appeals her convictions for malice murder and other related crimes regarding the October 22, 2010, death of her husband Mike Smith in a house fire.1 For reasons set forth below, we now affirm.

1. Viewed in a light most favorable to the verdict, the evidence shows that on the night of the fire, Appellant invited co-defendant Peter Delaney over to her home. Before his arrival, appellant sent Delaney a text message, instructing him to buy three bottles of cheap red wine so that her husband would “just pass the fk out.” Delaney arrived with the wine as requested at about 8:00 p.m. The three adults drank and socialized that evening, while appellant’s minor son played video games upstairs in his room. At some point, appellant decided to put the victim to bed because he was intoxicated. She took him upstairs to the master bedroom where he shed his clothes next to the bed, lay down, and went to sleep. According to statements appellant made to police, the victim was in bed at 9:58 p.m. and, when appellant left the room, none of the candles in the room were burning. Appellant retreated downstairs and went into the garage to smoke a cigarette. According to statements Delaney made to police, he was asleep on the couch in the living room. Sometime later, Appellant’s son yelled downstairs to appellant that he smelled smoke. Appellant went upstairs to her son’s room to investigate and a few minutes later the smoke alarms went off. Appellant instructed her son to get out of the house and go across the street to a neighbor’s house. Appellant went to the master bedroom and opened the door at which point she said she saw smoke and flames. She told police that she saw the victim or his silhouette in the doorway of the master bathroom, that she called out to him and that he responded to her. Stating she believed the victim was coming out behind her, appellant left the house through the garage. On her way out of the house, she said she attempted to call 9-1-1 on the house phone, but it was not working. She said she gathered her purse to retrieve her cell phone out of it and used the cell phone to call 9-1-1 when she got outside the house. Appellant called 9-1-1 at approximately 10:49 p.m. Delaney told police that he awoke to appellant telling him there was a fire and he exited the house. When he got outside the house, he saw appellant and her son across the street in a neighbor’s driveway.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›