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Anthony Jefferson civil case continued over possible Conflict of Interest

Anthony Jefferson who was convicted for aggravated battery and battery of a law enforcement officer and filed a civil, Habeas Corpus motion in 2009 will have to wait even longer to find out if he will receive any relief from his conviction and sentence.

He was in court with his attorney Carl Maughn, but his attorney indicated to the judge that there may be a conflict of interest with him being Jefferson’s attorney. Apparently, one of Maughn’s associates, Brian Hitchcock may have worked for the D-A’s office at a time when the case against Jefferson was going through the courts, and Hitchcock may have handle some hearings during that time. That could bring a conflict of interest, so it was agreed to continue the hearing so Maughn can do some research.

They were ready to go with the hearing on Jefferson’s complaint of ineffective counsel, with Tim Frieden who at the time headed the Regional Public Defenders Office who was in Judge Rose’s chambers.

Jefferson claims in effective counsel not only at trial, but also when the case went to the appeals court. The motion filed by Jefferson gave no specifics of his complaints against lawyers in the case, other than stating “lawyers incompetence and lack of diligence.”

The issues in question center on two cases. One concerns, Jefferson being transferred to the Hutchinson Correctional Facility so he could appear in District Court in the aggravated battery case involving the wounding of a Hutchinson man. Jefferson apparently became angry about an intake procedure and spit in the face of a corrections officer, John Markus. He was convicted of the crime back on April 22, 2005, and given the 122-month sentence by Judge Richard Rome.

Jefferson was also convicted of aggravated battery for shooting at Jesse Villa. He hit him in the ear with a .38-caliber handgun in the early morning hours of Feb. 1, 2004, and given a 15-year sentence in that case.

So, at this point, we don’t know another date for a hearing on this issue, and considering Jefferson is still in prison, there is no real hurry. Judge Rose worried, it may take some time to get all of the attorney’s involved free at the same time, and warned Jefferson, it may be after the first of the year before the hearing resumes.

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