A hearing set for Oct. 23 was continued last week, due to a witness for Jason Carter being unavailable.
A new date has not yet been set for the hearing, which will again review whether Jason Carter should get a new civil trial in the wrongful death case brought against him by his father.
In December 2017, Jason Carter was found civilly liable in the death of his mother, Shirley Carter. The state medical examiner’s office had ruled her death a homicide, but after no criminal charges were filed Bill Carter sued his son for wrongful death.
Two days following the Marion County jury’s verdict finding Jason Carter liable, authorities then prosecuted Jason Carter.
The trial was moved to Council Bluffs due to publicity, and a jury there quickly acquitted Jason Carter of first-degree murder in March.
Since, Jason Carter has resumed efforts to set aside the civil verdict. His attorneys said in court filings that during discovery for the criminal trial they received new evidence that would cause a jury to render a different verdict.
Attorneys for Bill Carter have argued the new evidence has already been ruled to be not substantial enough to receive a second civil trial. A Marion County judge denied Jason Carter’s first petition to vacate in June after a three-day hearing.
An additional appeal is pending, but proceedings on that appeal are paused pending the outcome of Jason Carter’s latest motion.