Appeals court overturns death sentence in 1985 Ohio slaying
CINCINNATI – A federal appeals court has overturned the death sentence of an Ohio man convicted of aggravated murder in a 1985 slaying.
The 6th U.S. Circuit Court of Appeals in Cincinnati ruled Wednesday that the judge in 62-year-old Percy Hutton’s trial didn’t instruct jurors on all the circumstances they could review in determining a sentencing recommendation.
The Cleveland man was convicted in 1986 of aggravated murder and other charges. Authorities said he fatally shot Derek Mitchell and tried to kill another man in a dispute over a sewing machine.
The appeals court’s 2-1 ruling instructs a district court to order Hutton’s release unless the state grants a new sentencing hearing within 180 days.
Ohio Attorney General’s spokesman Dan Tierney says that office is reviewing the ruling and whether to appeal it.
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