Hutton v. Mitchell

In 1986, a jury found that Hutton murdered Mitchell and attempted to kill another friend. Hutton was convicted of aggravated murder with two death specifications. Following a remand, the Court of Appeals determined that the death sentence was appropriate. In 1996, Hutton filed a state petition for post-conviction relief; the court denied relief without an evidentiary hearing. The Ohio Court of Appeals affirmed. The Ohio Supreme Court declined further review. In 2001, Hutton unsuccessfully filed a second post-conviction petition. The Ohio Supreme Court again declined further review. Hutton unsuccessfully applied to reopen his direct appeal, contending ineffective assistance of appellate counsel. In 2005, Hutton filed a federal habeas petition, which he amended in 2011. Without conducting an evidentiary hearing, the district court denied relief. The Sixth Circuit denied five of his claim, but reversed with respect to whether a state court’s independent review of a death sentence during sentencing can cure any omission in a jury instruction. A fundamental miscarriage of justice resulted from the failure to define “aggravating circumstances” in the jury instructions. The jury, without proper instructions, could not have made a finding that aggravating circumstances existed; the harshest sentence Hutton could possibly have received without that instruction was life. View "Hutton v. Mitchell" on Justia Law