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Thread: Percy Hutton - Ohio Execution - June 18, 2025

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    Percy Hutton - Ohio Execution - June 18, 2025




    Facts of the Crime:

    On September 16, 1985, Hutton murdered 24-year-old Derek "Ricky" Mitchell in Cleveland. Hutton kidnapped Mr. Mitchell and his friend, Samuel Simmons, Jr., at gunpoint while accusing Mr. Mitchell of stealing tires and a sewing machine from him. After recovering the sewing machine, Hutton shot Mr. Simmons twice in the head. Hutton then drove Mr. Simmons to the hospital. Mr. Simmons survived his injuries. Mr. Mitchell was never seen alive again. His body was located two weeks later. He had been shot to death.

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    Administrator Moh's Avatar
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    On October 11, 2005, Hutton filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ohi...v02391/130163/

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    On June 7, 2013, Hutton's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...2391/130163/67

    On August 20, 2013, Hutton filed an appeal before the US Court of Appeals for the Sixth Circuit.

    http://dockets.justia.com/docket/cir...s/ca6/13-3968/

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    On March 16, 2016, oral argument will be heard in Hutton's appeal before the Sixth Circuit. The panel will be made up of Judges Merritt (Carter), Rogers (G.W. Bush) and Donald (Obama).

    http://www.ca6.uscourts.gov/calendar...142016_arg.pdf

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    PERCY HUTTON v BETTY MITCHELL

    In today's Sixth Circuit Court of Appeals opinions, the court REMANDED Hutton's case back to district court for a resentencing hearing.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Aaron's Avatar
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    Article

    Death sentence overturned for Cleveland man convicted in 1985 murder

    CINCINNATI, Ohio — A federal appeals court has overturned the death sentence of a Cleveland man convicted of murder 30 years ago.

    Percy "June" Hutton, 62, was convicted in 1986 of fatally shooting Derek "Ricky" Mitchell and trying to kill Samuel Simmons in a dispute over a sewing machine. He was sentenced to death in 1987.

    In a 2-1 decision, the 6th U.S. Circuit Court of Appeals overturned Hutton's sentence saying the judge who presided over the trial did not give the jury proper instructions before it deliberated on a recommended sentence.

    The majority opinion says that the jury that recommended Hutton's execution was not given instructions on how to weigh what are known "aggravating circumstances." These are a set of facts in a death penalty trial, such as the heinous nature of the crime, that a jury must consider when recommending execution.

    However, juries in capital cases are also required to compare such factors against "mitigating circumstances" that weigh in favor of sparing a defendant's life, such as mental illness or childhood abuse.

    "... The jury could not have determined that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt without knowing what the aggravating circumstances were," Judge Bernice Donald wrote for the court. "Without this finding, a death sentence cannot stand."

    Judge John Rogers, in partially deviating from the majority's ruling, wrote that Hutton's death sentence should stand because Hutton did not properly raise the issue in previous appeals. Donald acknowledged this, but wrote that the interests of justice outweighs Hutton's failure to raise the issue.

    Ohio Attorney General's Office spokeswoman Jill Del Greco said the office was still reviewing the case and whether to challenge the appeals court's decision.

    A call left for Hutton's attorney was not immediately returned.

    http://www.cleveland.com/court-justi...urned_for.html
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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    USSC just reinstated the death sentence for this guy.

    https://www.supremecourt.gov/orders/...17zor_6537.pdf

    Not surprised with Merritt on the panel.

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    U.S. Supreme Court reinstates convicted Cleveland killer's death sentence

    WASHINGTON, D.C. -- The U.S. Supreme Court on Monday overturned a lower court's ruling that vacated a convicted Cleveland killer's 1986 death sentence.

    Judges at the U.S. Sixth Circuit Court of Appeals in Cincinnati erred last year when they found a Cuyahoga County judge gave faulty jury instructions and ordered Percy Hutton re-sentenced, the Court found in a per curium decision released Monday morning.

    The decision reinstates Hutton's death sentence, and allowed him to continue the appeals process on other grounds.

    Hutton was convicted of murder and sentenced to death in 1986 in a case stemming from an argument over a missing sewing machine.

    Hutton had hidden $750 inside the machine, which he then accused two men of stealing, according to court records.

    Hutton lured the men into his car and drove them around at gunpoint, demanding the machine's return. Hutton was convicted of shooting one man twice and killing the other, whose body was found more than a week later.

    The same jury found Hutton guilty of specifications that made him eligible for the death penalty, and recommended it during the penalty phase of the trial. The judge then imposed and sentenced Hutton to death.

    After losing appeals through state courts, Hutton took his case to federal court on the grounds that the judge overseeing his trial gave the jurors improper instructions about what to consider during the penalty phase.

    Judges at U.S. District Court declined to consider the argument because Hutton's lawyers did not object to the jury instructions during the trial, and he did not raise the issue on his initial appeals.

    But Sixth Circuit judges took up the argument and held that the jury did not make the necessary findings of aggravating circumstances that would have made Hutton eligible for the death penalty, and their decision to recommend death was based on faulty instructions that violated Hutton's constitutional rights.

    The U.S. Supreme Court disagreed and reversed that decision, holding that, not only should the lower court not have entertained the argument in the first place, but the jury did find proper aggravating circumstances and that another jury that had been given proper instructions would have likely reached the same decision.

    https://www.google.com/amp/amp.cleve...tates_co_1.amp
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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    On August 25, 2017, Hutton's petition for rehearing was DENIED by the US Supreme Court.

    Lower Ct: United States Court of Appeals for the Sixth Circuit
    Case Numbers: (13-3968)
    Decision Date: October 12, 2016
    Rehearing Denied: December 13, 2016

    https://www.supremecourt.gov/search....c/16-1116.html

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    Execution date set for Cleveland man convicted of 1985 murder over sewing machine theft

    By Eric Heisig
    The Cleveland Plain Dealer

    CLEVELAND, Ohio -- The Ohio Supreme Court on Friday set the execution date for a Cleveland man convicted of murder in 1985 for murdering a man in a spat over a sewing machine

    Percy "June" Hutton, convicted of killing Derek "Ricky" Mitchell and attempting to murder Samuel Simmons Jr., will be put to death on June 22, 2022.

    Hutton, 63, shot Mitchell and Simmons after luring the two men into his car. He had accused the two men of stealing the sewing machine, which had $750 hidden in it.

    A judge sentenced him to death in 1986.

    The state has set execution dates for Hutton multiple times, but all have been pushed back as he continues to challenge his case in court.

    Most recently, a federal appeals court overturned his death sentence in 2016, citing faulty jury instructions. The U.S. Supreme Court reinstated Hutton's death sentence in June.

    The state's high court on Friday also set an execution date of Aug. 24, 2022 for Cedric Carter, who murdered United Dairy Farmers convenience store clerk Frances Messinger during a robbery in 1992.

    Ohio resumed executing death-row inmates in July, following a two-and-a-half year reprieve. Gary Otte, a man who killed two in Parma in 1992, was executed Sept. 13.

    http://www.cleveland.com/court-justi...r_clevela.html

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