Court documents show a hearing has been scheduled for Oct. 26 in Charlotte, N.C., to hear a request from Carruth's attorneys who will argue that evidence was left out of his first trial, the Charlotte (N.C.) Observer reported.
Carruth was found guilty of conspiracy to commit murder after his girlfriend, Cherica Adams, was shot and seriously wounded in November 1999 while driving in southeast Charlotte.
While in the hospital, Adams told police Carruth was behind the shooting.
Adams died from her wounds, but the baby was safely delivered and is being raised by Adams' mother, the Observer said.
Prosecutors argued Carruth arranged the killing because he didn't want to pay child support for Adams' baby.
Carruth, now 36, was sentenced to 18 to 24 years in prison and has a projected release date in 2018.
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