HUTCHINSON, Kan. – The hearing in a 2003 case involving a 38-year-old man convicted of attempted first-degree murder and criminal possession of a firearm didn’t happen Friday.

The attorney for Tony Ballard telling us that she is requesting a special setting because of the issues involving the case. Ballard is seeking the new trial saying there is newly discovered evidence where he claims that the key witness for the state perjured himself and that no perjury charge was ever filed by the state. He claims that the state may have granted Phillip Simpson immunity from any prosecution for his testimony.

His attorney Shannon Crane had indicated back in Sept. that they may want to bring up additional evidence at any hearing for a new trial. Judge Trish Rose had granted her 30-days to file a supplemental brief as argument for a new trial.

Ballard was convicted of shooting Simpson at his home in the 900 block of East 8th, back on September 23, 2003, and was given 24-plus years in prison

We’ll let you know when the special setting is scheduled for hearing.