A motion hearing for the Bill Carter vs Jason Carter civil trial’s second petition to vacate was held Monday. According to court documents Jason Carter’s second petition to have the verdict from the 2017 civil trial thrown out was denied by Judge Martha Mertz. In her ruling Mertz stated the court dismissed the petition as “untimely.” In a separate filing Monday, the motion to have the presiding judge, Judge Martha Mertz recuse herself from the trial was denied. 

According to the court documents filed Monday, the motion for recusal was denied for two reasons. First the court ruled that Jason Carter’s legal team failed to show that a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceedings occured. And second, recusal would cause a waste of judicial resources and is contrary to judicial economy. 

In the December 2017 civil trial, Carter was found civilly responsible for the death of his mother Shirley Carter and was ordered to pay $10 million to the Shirley Carter estate. In December of 2019 Jason Carter filed a federal lawsuit against Agent Mark Ludwick with the Iowa Department of Criminal Investigation, Marion County, Marion County Deputy Reed Kious in his individual capacity and Jason Carter’s father Bill Carter.