Nearly 5 years after his wife's death, a Flatwoods man's appeal has been denied.
Timothy Raymond Carter, 47, was found guilty of second degree murder in the death of Amy Carter at the couple's Flatwoods residence on April 14, 2011.
Past reports show that authorities were initially notified by Timothy Carter's mother that her daughter-in-law had shot herself. Investigators became suspicious of the self-inflicted gunshot wound due to the placement of evidence and the amount of time that had passed between the shooting and the incident being reported.
The ensuing investigation took nearly two years before original indictments against the victim's husband were sought in 2013.
Those charges — for first degree murder and commission of a firearm during the commission of a felony — were withdrawn in July 2013 because a forensic expert witness subpoenaed for trial was working as an independent contractor in Afghanistan at the time. Carter was indicted a second time in April of 2014.
Carter later claimed the trial court erred in denying his motions for a mistrial and a new trial based on attorney misconduct, failing to give proper jury instructions, declaring a witness hostile and adverse, improperly admitting evidence of prior inconsistent statements and failing to give a curative instruction, and his motion to suppress the evidence. Additionally, Carter asserted the evidence was insufficient to support his convictions.
The Court of Appeals now says there was sufficient evidence to convict defendant of second-degree murder and use of a firearm; the trial court did not err in denying defendant’s motions for a mistrial and a new trial based on attorney misconduct, failing to give proper jury instructions, improperly admitting evidence of prior inconsistent statements and in failing to give a curative instruction to the jury.