A man who is serving a life sentence for a 1990 murder in Leavenworth County is arguing his constitutional rights were violated and he should be released.

A man who is serving a life sentence for a 1990 murder in Leavenworth County is arguing his constitutional rights were violated and he should be released.

Sherrill Brinkley, 72, was resentenced last year in Leavenworth County District Court for first-degree murder. The charge stemmed from the May 1990 shooting death of Evertt "Skeet" Bishop. The shooting reportedly took place in rural Linwood.

Last month, Brinkley filed a petition arguing that the resentencing in the case was illegal. He has asked that charges against him be dismissed and he be immediately released.

Assistant County Attorney Michael Jones filed a response arguing the process that was followed did not violate Brinkley's constitutional rights.

A hearing in the case took place Friday afternoon. Brinkley, who remains in the custody of the Kansas Department of Corrections, was not present for the hearing. But attorney Carl Cornwell appeared on Brinkley's behalf.

Cornwell said he would like to have another hearing in the matter in three or four months.

District Judge Michael Gibbens scheduled the next hearing for Aug. 24.

Brinkley was convicted of the murder charge in 1993. The following year, the Kansas Supreme Court upheld the conviction but found that a district judge had made an error when sentencing Brinkley. The case was remanded back to Leavenworth County District Court for resentencing. But Brinkley was not resentenced at that time because he was serving a federal prison sentence for unrelated charges.

He was released from federal custody last year and is now serving his sentence for the murder charge in the Kansas prison system.

According to a Kansas Department of Corrections website, Brinkley's earliest possible parole date is Jan. 1, 2021.

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