The Nebraska Court of Appeals has rejected an appeal by one of four men convicted in the 2009 death of a four-year-old boy.
On Tuesday, the Court of Appeals affirmed the conviction of Dustin Scoville, 45, and denied his appeal. Scoville argued for post-conviction relief, arguing his legal counsel was ineffective and that his sentence was excessive.
In 2011, prosecutors charged Scoville with child abuse resulting in death for the 2009 death of four-year-old Landon Payne. He later pled no contest to an amended charge of attempted child abuse resulting in death and was sentenced to 49 to 50 years in prison.
Court records say Scoville appealed this in 2012, and the appeals court affirmed his sentencing at that time.
In September 2021, Scoville filed another motion for post-conviction relief, alleging his trial and counsel were ineffective. He claimed he was told in 2012 that all of his remedies for conviction relief were exhausted, when this was not the case.
In October 2021, Kearney County District court rejected Scoville’s claims. The appeals court upheld this decision.