There has been a continuance in the case of a man challenging his prison sentence for a 1990 murder in Leavenworth County.

There has been a continuance in the case of a man challenging his prison sentence for a 1990 murder in Leavenworth County.

Sherrill Brinkley, 73, is serving a life sentence for first-degree murder. But he is arguing that his sentencing was illegal and he should be released.

The murder charge stemmed from the May 1990 shooting death of Everett “Skeet” Bishop. The shooting reportedly took place in the rural Linwood area.

A status hearing in Brinkley’s case was scheduled for Friday in Leavenworth County District Court.

Brinkley, who remains in the custody of the Kansas Department of Corrections, was not present for the hearing.

Assistant County Attorney Michael Jones noted that an attorney who previously represented Brinkley had filed a motion to withdraw from the case. And Brinkley had filed a motion to request a continuance because he is attempting to hire a new attorney.

District Court Judge Michael Gibbens granted a motion to allow attorney Carl Cornwell to withdraw from the case. Gibbens also granted the motion for a continuance.

Gibbens scheduled a new status hearing for Oct. 25.

Jones said he would prepare an order to have Brinkley transported to Leavenworth for the hearing.

A Kansas Department of Corrections website indicates Brinkley is being housed at the El Dorado Correctional Facility. The website indicates his earliest possible release date is Jan. 1, 2021.

After Bishop was killed in 1990, Brinkley and another man reportedly placed the body in a 55-gallon steel barrel and welded it shut. Holes were cut into the barrel, and it was placed in the Missouri River. The body has never been recovered, according to the court records.

Brinkley was convicted of Bishop’s murder 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.

Brinkley was finally resentenced for the murder charge last year.

Earlier this year, he filed a petition arguing the resentencing in the case was illegal.

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