A man who is awaiting a new trial for a battery case in Leavenworth has a new attorney.

A man who is awaiting a new trial for a battery case in Leavenworth has a new attorney.

Clayton D. Wilmer, who remains in prison for a conviction in another case, did not appear Friday in Leavenworth County District Court. But Wilmer's new court-appointed attorney, Matthew Tillma, was in court.

District Judge Gunnar Sundby said Tillma was appointed to the case because a previous attorney who was assigned to the defense felt he did not meet the required qualifications.

Wilmer's first trial in the case in January 2016 resulted in a conviction for felony counts of aggravated battery and robbery and misdemeanor charges of criminal restraint and intimidation of a witness.

The charges stemmed from an Aug. 3, 2014, incident. Wilmer is alleged to have entered the victim's home and repeatedly punched her. At one point, he allegedly took away the victim's phone when she tried to call 911.

Wilmer was sentenced March 23, 2016, to 16 years and two months in prison.

Late last year, the Kansas Court of Appeals overturned the conviction. The appellate judges found that the trial judge had erred by allowing testimony of an expert about domestic violence and the presentation of evidence about another incident involving Wilmer and the same victim.

The case was remanded back to Leavenworth County District Court for a new trial.

A new trial is scheduled for June 11. A pretrial conference is scheduled for April 11.

Sundby said Friday that an order will be prepared to have Wilmer transported to Leavenworth County for the April 11 pretrial conference.

A Kansas Department of Corrections website indicates Wilmer currently is being housed at the Hutchinson Correctional Facility.

He is in custody for another case that also resulted in a 2016 conviction.

This case also was appealed, but the Kansas Court of Appeals recently upheld convictions in this case for criminal discharge of a firearm at an occupied vehicle, aggravated endangering a child and criminal possession of a firearm by a convicted felon. But the appellate judges overturned a conviction in this case for aggravated assault.

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