HUTCHINSON, Kan. — Judge Trish Rose denied all motions in a 2003 case involving a 38-year-old man convicted of attempted first-degree murder and criminal possession of a firearm.

Tony Ballard had filed motions on his own concerning his sentencing, one asking for a departure, but another claiming illegal sentence for the firearm charge. Judge Rose ruled that he was sentenced on that count with a criminal history score of “I” — meaning they couldn’t go any higher — so the issue has no merit. He also wanted a new trial, but that was denied with the judge saying he filed the motion too late.

He was seeking a 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.

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

He also had two different habeas corpus motions that were also denied by Judge Rose. Both are pending an appeal at the appellate level.