KNOXVILLE — A district court judge has dismissed the latest round of litigation relating to the death of Shirley Carter, saying the litigation needs to end.
On Jan. 24, District Court Judge Jeffrey Farrell dismissed the latest attempt by Jason Carter to overturn a $10.2 million civil judgment, after he was found civilly liable for his mother Shirley Carter’s death in 2015 at her home in rural Lacona.
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A Marion County Jury came to that conclusion after a 2017 civil trial brought against Jason Carter by his father and Shirley Carter’s husband, Bill Carter, and Shirley Carter’s estate.
Days after the civil verdict, authorities charged Jason Carter with first-degree murder. He was acquitted after a Pottawattamie County jury found him not guilty of the charge in a 2019 trial.
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Since then, Jason Carter has focused on multiple attempts to overturn the civil verdict. In dismissing the latest attempt, Farrell said Jason Carter has had ample opportunity but hasn’t succeeded.
“Jason had a fair opportunity to present his case at the original civil trial,” the judge wrote. “He was not successful. Following discovery during the criminal case, he had a full opportunity through a three day hearing to present evidence to vacate the civil judgment. He was not successful. He filed three appeals with the supreme court. He was not successful. At some point, this litigation needs to end.”
Attorneys for Jason Carter responded to a request for comment, but did not provide one. The attorney for the estate and Bill Carter did not respond to a request.
In the now-dismissed action, Jason Carter had sued his father Bill Carter, his brother Billy Carter, and the estate asking the court to vacate the judgment entered in 2017.
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As he has done prior, Jason Carter claimed that he obtained new evidence about law enforcement’s investigation during the criminal discovery process as he mounted a defense to first-degree murder charges.
However, courts have not found that argument persuasive. Courts have ruled Jason Carter’s team had knowledge of the evidence prior; that the newly discovered evidence was hearsay and not admissible, anyway; or that the evidence doesn’t align with the theory Jason Carter had presented at his civil trial.
As a result, the district court and the Iowa Supreme Court have concluded the evidence would not have changed the civil verdict. Thus, they have denied Jason Carter’s attempts to vacate it to obtain a new trial.
A state lawsuit Jason Carter filed against investigators was dismissed. It alleged a violation of Jason Carters’ constitutional rights, tortious infliction of severe emotional distress, negligent and wrongful termination, and abuse of process. The dismissal, which was on jurisdictional grounds, is pending appeal.
A federal lawsuit filed along the same lines was originally dismissed, then partially revived by appeal, but is pending another appeal.
Source: https://t-tees.com
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