
HUTCHINSON, Kan. — Judge Trish Rose Friday heard brief arguments in a civil filing by a 36-year-old Hutchinson man convicted in a 2012 case who is now seeking relief from that sentence.
Roberto Rincon was convicted for the manufacture of methamphetamine, possession of ephedrine and lithium metal and anhydrous ammonia with intent to manufacture and possession of drug paraphernalia, as well as a gun charge. The case goes back to March 21, 2012.
He has filed a habeas corpus motion, which is a civil filing inmates use to get relief from convictions and sentences after they have exhausted all their appeals at the appellate level.
He’s claiming ineffective counsel at trial and both sides have filed briefs on the issue that have to do with legal issues over a search warrant in the cases.
The defense wanted the judge to set an evidentiary hearing, but instead, she heard arguments and decided to study the law involved and then issue a written opinion.