Percy Hutton v. Betty Mitchell


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.

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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. (513) 564-7000 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

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