On Tuesday, August 27, a motion hearing was held in the case involving a Marshall man accused of second-degree murder.
According to online court documents, on August 2, a motion was filed by 55-year-old James Scott Miller’s attorney to disqualify Saline County Prosecuting Attorney Tim Thompson due to undisclosed conflicts of interest. During August 27’s hearing, the motion was granted by agreement of both parties.
Court documents also say, due to a bond-supervision violation report filed by Carroll County Supervision Services, Thompson had filed a motion to revoke bond for Miller on July 26. During the hearing on August 27, the court took up conditions of Miller’s bond and continued him on current bond with the added conditions of: Miller remains on house arrest, but is allowed to work from 8 a.m. to 5 p.m. Monday through Friday at his place of business; Miller is allowed to travel for appointments with his attorney, with prior approval from Carroll County Supervision Services; Miller is ordered to wear a drug patch and will be allowed to travel and obtain, within 48 hours from this hearing, once approved with Carroll County Supervision Services; and Miller will be subject to random drug testing upon the request of Carroll County Supervision Services. All other conditions remain in effect.
Miller posted $500,000 cash-only bond on January 2; but he was arrested for violation of his bond conditions on January 24. On February 20, Miller posted an additional $250,000 cash or surety bond.
Miller has been charged with a Class A Felony for Second-Degree Murder and an Unclassified Felony for Armed Criminal Action in the shooting death of 31-year-old Joshua Charles Smith, of Marshall, on December 29, 2018. Miller pleaded not guilty on March 11.
A case review has been scheduled for 1:15 p.m. Monday, September 9, at Saline County Circuit Court.
At this time, a case review also is scheduled to be held on September 23; a pre-trial conference on December 9; and Miller’s jury trial on January 14 and 15, 2020, at Saline County Circuit Court.