Carruth was convicted of conspiracy to commit murder after the 1999 death of his pregnant girlfriend, Cherica Adams -- who was pregnant with his son.
She told police in a 911 call that Carruth was responsible for shooting her, and she wrote a note alleging the same. She died from her wounds, but the baby survived and is being raised by her mother.
A federal appeals court in Richmond, Va. is scheduled to hear his appeal on October 26. Attorneys will argue that crucial evidence wasn't fully tested by cross-examination at Carruth's 2001 trial.
The 36-year-old Carruth was sentenced to 18 to 24 years in prison. His projected release date is 2018.