Hearing set for man convicted of murder

John Richmeier
The Leavenworth Times

A man who is waiting to be resentenced for a murder conviction is scheduled to appear in court next month to contest his treatment at the Leavenworth County Jail.

The hearing for Matthew Astorga is scheduled for Feb. 18 in Leavenworth County District Court.

Astorga is in custody at the Leavenworth County Jail as he awaits to be sentenced for a 2009 first-degree murder conviction. He also waiting to go to trial in a separate case for a charge of battery on a county corrections officer.

Astorga has complained about his treatment at the county jail and has sought relief through what is known as a writ of habeas corpus.

In 2019, a judge denied Astorga’s petition for relief. Astorga appealed the judge’s decision. Last year, the Kansas Court of Appeals released a decision that remanded the case back to Leavenworth County for further review.

District Judge Gerald Kuckelman said Thursday that the appellate judges affirmed most of the earlier decision but remanded the case back regarding the issue of administrative segregation.

Kuckelman scheduled an evidentiary hearing in the case for Feb. 18.

“We’ll take up whatever evidence you want to offer,” he told the parties in the case.

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