Arkansas inmate on death row asks for own petition to be denied

FAULKNER COUNTY, Ark. — An Arkansas inmate who is on death row has requested that the court dismiss his appeal. 

On August, 23, 2018, Scotty Ray Gardner, 65, was sentenced to death after being found guilty of capital murder by a jury. Gardner was convicted of killing his girlfriend, Susan Heather Stubbs, in March 2016. 

In December 2025, Gardner sent a letter addressed to Circuit Judge Charles E. Clawson asking that the court deny his pending appeal. This was a reply to the state’s Nov. 24, 2025, response stating that Gardner and his counsel are not “entitled” to a hearing on the petition because “he failed to state specific reasons to show that his claims have merit.”

In the letter, Gardner wrote, “After carefully reading the state’s response – I Scotty Ray Gardner SK985 – the sole defendant in said petition willfully agrees with the state in asking this court to deny the petition Rule 37… Further time in this court would be pointless. I am asking this court to deny the pending petition without a hearing.”

This became a constant theme during Gardner’s appeal process. He wrote a series of letters throughout the nearly six-year battle, in which he repeatedly asked the court to waive his Rule 37 petition. 

A mandate from the Arkansas Supreme Court affirming Gardner’s conviction and sentence was issued on May 29, 2020. 

Nearly two months after the mandate, Lee D. Short, Gardner’s counsel for post-conviction relief, filed a motion to amend and enlarge a Rule 37 petition. A day later, Judge Clawson filed an order granting Gardner and his counsel’s motion for the Rule 37 petition with a deadline set for Jan. 27, 2021.

Since Judge Clawson’s order in July 2020, Short filed seven motions for extension of time until the court ordered a final extension with a due date of Feb. 7, 2024, after which they finally submitted a 285-page amended petition. 

The reason for the numerous extensions was the COVID-19 pandemic, which prevented Short from visiting Gardner in prison to formally meet, confidentially discuss the petition, and sign it. 

Amid the extensions, Gardner wrote four letters to Judge Clawson and the court regarding the petition.  

Gardner wrote the first letter on June 21, 2021, requesting a motion to dismiss his petition. 

“I prayfully ask this court dismiss the Rule 37 as well as any other legal work concerning me, Scotty Ray Gardner 985SK.  Please dismiss the Rule 37,” he wrote. 

His following letters suggested a disconnect between Gardner and his counsel. In a Sept. 10, 2022, letter, Gardner said the attorneys will ask for an extension, but he makes it clear that he does not want any extensions or further delays. 

“I do not want to let them file for any sort of extension. Please do not let the attorneys file without my approval,” Gardner wrote.

Gardner frequently asked the court to move the case forward and expressed further frustration in his two letters written in late September 2022. 

“I waive the Rule 37 petition. This is Scotty Ray Gardner SK985, a death row inmate. I waived the Rule 37 petition. It is my constitutional right to waive it,” He wrote. “Sir I’ve wrote you without any response. How come I have no say at all?” 

Gardner then noted that he has a problem with his attorney, Lee Short, and other attorneys assisting in his case. 

“I have a very big problem. The attorney who is assigned to do my post conviction relief, Rule 37, Lee Short, has not talked to me in over [two and a half years]. He has sent some federal lawyers to me who say they are helping Lee Short behind the scenes. I waive the Rule 37 petition.”

He concludes this letter by stating multiple demands that the lawyers be removed from his phone call, visiting lists, and his case. He even states that the lawyers are hurting him and his case.  

In October, just five days after the last letter, Gardner writes another letter declaring that he wants to stop all proceedings and even suggests that he is being forced to proceed against his will. 

“Please step all proceedings! I’m being forced to proceed! Would you stop all proceedings filed on my behalf by Lee Short? He is forcing me to proceed against my will…” Gardner said. 

In his two letters before the final one, Gardner makes his frustrations clear about the delays and states his only desire to move the case forward.

A Sept. 24, 2024, letter says, “Sir enough is enough. I’m asking you to move this case forward. I understand COVID set things back. I want everyone that’s a part of my case in your court to quit delaying and prolonging it.”

In the second letter, dated Feb. 20, 2025, Gardner writes, “Dear Judge Clawson, How long? Is this some kind of a joke?” 

He then explains that he was transferred from prison on Oct. 31, 2024, to Faulkner County Jail to be housed for the four days leading up to his “15-minute hearing” on his Rule 37 appeal. However, according to Gardner, nothing had happened by mid-February despite both parties agreeing that the hearing was overdue. 

He later adds, “So here is what I think. Waiting 6 years, I have no say in your court. But this is life or death for me. However, I do not expect to receive a fair hearing, nor do I expect justice in your court period… Set a date and let’s do it. Again my concern about my life have no meaning in your courtroom.” 

As of now, a hearing is scheduled for Gardner on Aug. 24-28, 2026.