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Judge Takes “Habeas Corpus” Motion Under Advisement

Anthony Jefferson

Judge Trish Rose took under advisement whether to grant relief for a Hutchinson man convicted of aggravated battery and battery of a law enforcement officer.

Anthony Jefferson filed a civil, “Habeas Corpus” motion in 2009 and is seeking relief of his conviction and sentence.

A well known Wichita Attorney, Carl Maughn represents Jefferson in this matter.

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.

Most of the testimony Monday appeared to be over the court allowing preliminary hearing testimony of Villa to be read into the record at trial after he refused to testify.

Judge Rose gave both sides roughly 30-days to present the court briefs over their arguments. The judge says she would also do some research outside of that. Once the briefs are presented, she is then expected to issue her ruling.

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