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HUTTON v. MITCHELL

No. 13-3968.

839 F.3d 486 (2016)

Percy HUTTON, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 12, 2016.

Attorney(s) appearing for the Case

ARGUED: Michael J. Benza , Chagrin Falls, Ohio, for Appellant. Katherine E. Mullin, OFFICE OF THE OHIO ATTORNEY GENERAL, Cleveland, Ohio, for Appellee. ON BRIEF: Michael J. Benza , Chagrin Falls, Ohio, Alan C. Rossman , Jillian S. Davis , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant. Katherine E. Mullin , Charles L. Wille , OFFICE OF THE OHIO ATTORNEY GENERAL, Cleveland, Ohio, for Appellee.

DONALD, J., delivered the opinion of the court in which MERRITT, J., joined, and ROGERS, J., joined in part. MERRITT, J. (pp. 505-09), delivered a separate concurring opinion. ROGERS, J. (pp. 509-13), delivered a separate opinion dissenting in part.

OPINION

Percy Hutton, an Ohio death row inmate, appeals the United States District Court for the Northern District of Ohio's denial of his 28 U.S.C. § 2254 habeas petition. Hutton was convicted and sentenced to death for murdering Derek "Ricky" Mitchell and attempting to kill Samuel Simmons, Jr...

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