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: 69-3

Filed: 10/12/2016

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 13-3968
PERCY HUTTON,
Petitioner - Appellant,

FILED
Oct 12, 2016
DEBORAH S. HUNT, Clerk

v.
BETTY MITCHELL, Warden,
Respondent - Appellee.
Before: MERRITT, ROGERS, and DONALD, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that 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.
ENTERED BY ORDER OF THE COURT

____________________________________
Deborah S. Hunt, Clerk