Percy Hutton v. Betty Mitchell

Filing

OPINION and JUDGMENT filed : The judgment of the district court is REVERSED, and the petition for a writ of habeas corpus is CONDITIONALLY GRANTED only on the first assignment of error. IT IS FURTHER ORDERED that the case is REMANDED to the district court with instructions to order Hutton s release from custody unless the state grants a new sentencing hearing within 180 days from the date that the mandate issues from this court.decision for publication. Gilbert S. Merritt (CONCURRING), John M. Rogers (DISSENTING IN PART), and Bernice Bouie Donald (AUTHORING), Circuit Judges.

Case: 13-3968

Document: 69-1

Filed: 10/12/2016

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Deborah S. Hunt
Clerk

100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Tel. [phone]
www.ca6.uscourts.gov

Filed: October 12, 2016
Mr. Michael J. Benza
Law Office of Michael J. Benza
17850 Geauga Lake Road
Chagrin Falls, OH 44023
Ms. Jillian S. Davis
Mr. Alan C. Rossman
Federal Public Defender's Office
1660 W. Second Street, Suite 750
Cleveland, OH 44113
Ms. Katherine Elizabeth Mullin
Mr. Charles L. Wille
Office of the Attorney General of Ohio
150 E. Gay Street, 16th Floor
Columbus, OH 43215
Re: Case No. 13-3968, Percy Hutton v. Betty Mitchell
Originating Case No. : 1:05-cv-02391
Dear Counsel,
The court today announced its decision in the above-styled case.
Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Deborah S. Hunt, Clerk

Cathryn Lovely
Deputy Clerk

Case: 13-3968

cc: Ms. Geri M. Smith
Enclosures
Mandate to issue.

Document: 69-1

Filed: 10/12/2016

Page: 2