Percy Hutton v. Betty Mitchell, 839 F.3d 486

Background

Percy Hutton was convicted in Ohio state court (1986) of aggravated murder, kidnapping, and attempted murder; jury recommended death and trial court imposed death sentence.
During the penalty phase, the trial court instructed jurors on mitigating factors but failed to define or list the statutory "aggravating circumstances." Counsel did not object at trial.
On direct appeal, the Ohio Supreme Court noted the instructional omission but treated the issue as waived; three justices dissented saying the omission was plain Eighth Amendment error.
The Ohio Court of Appeals later conducted the required independent reweighing and upheld the death sentence; state post-conviction efforts were unsuccessful.
Hutton filed a federal habeas petition under 28 U.S.C. § 2254 (filed 2005, amended 2011), raising multiple claims; the district court denied relief but certified several claims for appeal.
The Sixth Circuit reversed in part, conditionally granted habeas relief as to the jury-instructions claim, and remanded with instructions to order Hutton’s release unless the state grants a new sentencing hearing within 180 days.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to define/list aggravating circumstances in penalty-phase jury instructions violated Eighth/Sixth Amendments	Hutton: omission left jury with "untrammeled discretion" making any death verdict invalid because jury never knew what to weigh; appellate reweighing cannot cure when jury never had aggravators to consider	State: claim procedurally defaulted for lack of contemporaneous objection; alternatively Ohio appellate reweighing cured any error (Clemons/Hoffner)	Court: Procedural default excused by fundamental miscarriage of justice; jury omission was constitutional error—death sentence vacated and habeas conditionally granted (new sentencing hearing or release)
Whether appellate counsel was ineffective for not raising the instructional omission on direct appeal	Hutton: appellate counsel should have raised the unpreserved jury-instruction claim	State: appellate counsel not ineffective because raising other issues led to vacated convictions and counsel not required to raise every colorable issue	Held: Strickland failure-to-show; appellate counsel's performance not deficient; ineffective-assistance claim denied
Admission of victim Sweeney’s testimony about rape—did it deny due process?	Hutton: testimony was irrelevant and highly prejudicial	State: admission harmless because overwhelming evidence of guilt and limiting instruction given	Held: Harmless under Brecht; no habeas relief granted
Brady claims re: withheld statements of Holloway and Lampkin	Hutton: withheld statements were favorable/impeaching and material	State: statements were not material; failure to disclose would not have changed outcome	Held: Brady not established; claims fail

Key Cases Cited

Gregg v. Georgia, 428 U.S. 153 (1976) (death-penalty procedures must channel jury discretion; aggravating factors required)
Ring v. Arizona, 536 U.S. 584 (2002) (jury must find facts that increase maximum authorized punishment)
Hurst v. Florida, 136 S. Ct. 616 (2016) (Sixth Amendment requires jury finding of each fact necessary to impose death)
Clemons v. Mississippi, 494 U.S. 738 (1990) (state appellate independent reweighing can sometimes cure sentencing errors)
Apprendi v. New Jersey, 530 U.S. 466 (2000) (facts increasing penalty beyond statutory maximum must be found by jury)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance-of-counsel test)
Coleman v. Thompson, 501 U.S. 722 (1991) (procedural default doctrine; cause and prejudice standard)
Sawyer v. Whitley, 505 U.S. 333 (1992) (actual innocence of death penalty standard to overcome procedural default)
Brecht v. Abrahamson, 507 U.S. 619 (1993) (harmless-error standard on habeas: substantial and injurious effect)
Hoffner v. Bradshaw, 622 F.3d 487 (6th Cir. 2010) (discussing Ohio appellate reweighing and its effect on instructional errors)