Legal Timeline

Court filings and rulings from the last 20+ years of Scott's legal battle.  

Deadline for Scheduling Hearing

Apr 1 2022

Deadline for Scheduling Hearing

The full evidentiary hearing on the claims returned to the MAR court must be scheduled by 1st April 2022

Supreme Court Opinion Filed Granting Certiorari

Aug 13, 2021

Supreme Court Opinion Filed Granting Certiorari

The NC Supreme court held that the MAR court erred in dismissing the claims of IAC and remanded to the MAR court to conduct a full evidentiary hearing

Writ of Mandamus Denied

Aug 10 2021

Writ of Mandamus Denied

Denial of the request for review by a different and neutral superior court judge

2nd Appellate Counsel Withdrawn- New Counsel Appointed

Jul 12 2021

2nd Appellate Counsel Withdrawn- New Counsel Appointed

Motion to withdraw and reappoint lead counsel granted Jul 2021

Supreme Court Oral Argument

Apr 26, 2021

Supreme Court Oral Argument

Argument of the key issues in front of the NC Supreme Court in April 2021

Additional Brief Filed

Jun 4 2020

Additional Brief Filed

Additional brief filed Jun 2020

Additional Brief Requested by NC Supreme Court

Mar 1 2020

Additional Brief Requested by NC Supreme Court

Additional brief requested Mar 2020

One Appellate Counsel Removed

Oct 10 2019

One Appellate Counsel Removed

Co-counsel withdrew and new counsel appointed Oct 19

Writ of Certiorari & Mandamus filed to Supreme Court

Apr 29, 2020

Writ of Certiorari & Mandamus filed to Supreme Court

Petition issued for the NC Supreme court to review the court orders denying the MAR/SMAR and also requesting review by a neutral judge

Claims 7, 8 & 9 Dismissed

Feb 6 2019

Claims 7, 8 & 9 Dismissed

Dismissal of claims related to the sentencing phase of the trial

Motion to Remove Attorneys Denied

Dec 14 2018

Motion to Remove Attorneys Denied

After a psychiatric evaluation was ordered and conducted, it was determined that I had capacity to proceed on my own and motion to remove attorneys was denied

Motion to Dismiss Attornies Filed (pro se)

Jul 1 2018

Motion to Dismiss Attornies Filed (pro se)

In July of 2018 I filed a pro se motion to remove defence counsel for failing to follow their client's lawful instructions

Full hearing on claims 7, 8 & 9 (sentencing phase)

Feb 12-15 2018

Full hearing on claims 7, 8 & 9 (sentencing phase)

The only full evidentiary hearing to date was restricted to the claims of IAC during the sentencing phase

Unexplained Cancellation of Hearing

September 2017

Unexplained Cancellation of Hearing

This later hearing never happened, having been cancelled with no explanation

Limited Evidentiary Hearing (guilt/innocence phase claims)- continued for Oct 30th

Aug 25, 2017

Limited Evidentiary Hearing (guilt/innocence phase claims)- continued for Oct 30th

At the now 'limited' guilt/innocence phase hearing, only one of the the 5 witnesses subpoaened was heard. After a recantation of testimony was produced, the hearing was ordered continued at a later date.

Court reserved ruling on subparts of 3 of  SMAR

Aug 22, 2016

Court reserved ruling on subparts of 3 of SMAR

Court reserved ruling on subparts of 3 of SMAR

Summary dismissal of claims 1,2 and part of 3

Aug 18, 2016

Summary dismissal of claims 1,2 and part of 3

The NC Supreme court later vacated parts of this order and returned the claims relating to IAC to the MAR court for a full evidentiary hearing

Scheduling Hearing

May 2016

Scheduling Hearing

Scheduling Hearing

Memorandum in Response to Oral Argument

Apr 4 2016

Memorandum in Response to Oral Argument

Memorandum in Response to Oral Argument

State Reply to Response

Feb 24 2015

State Reply to Response

State Reply to Response

Response to Motion for Denial

Jan 26 2015

Response to Motion for Denial

Response to Motion for Denial

State Motion for Denial

Sep 30 2014

State Motion for Denial

State Motion for Denial

Supplemental Motion For Appropriate Relief Filed

Sep 12 2013

Supplemental Motion For Appropriate Relief Filed

6 years later, a Supplemental MAR was added to this which included additional claims to the original MAR, bringing the total number of claims to12

Initial Motion For Appropriate Relief Filed

July 2007

Initial Motion For Appropriate Relief Filed

The second phase of the appeal, which allows the defendent to raise issues supported by facts not contained within the trial record

Direct Appeal Denied

2006

Direct Appeal Denied

The direct appeal is limited to errors in the trial court proceedings and was denied in 2006

Convicted

October 2003

Convicted

I was convicted solely on the evidence of one State's 'eyewitness' who had been coerced to testify against me (ultimately unsuccessfully) by the same DA and investigator in a case some years previously

Charged

Aug/September 1999

Charged

In 1999 I was charged with capital murder, despite their being no physical evidence connecting me to the crime.