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13-3968 - Percy Hutton v. Betty Mitchell


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13-3968 - Percy Hutton v. Betty Mitchell
October 12, 2016
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OPINION and JUDGMENT filed : The judgment of the district court is REVERSED, and the petition for a writ of habeas corpus is CONDITIONALLY GRANTED only on the first assignment of error. IT IS FURTHER ORDERED that the case is REMANDED to the district court with instructions to order Hutton’s release from custody unless the state grants a new sentencing hearing within 180 days from the date that the mandate issues from this court.decision for publication. Gilbert S. Merritt (CONCURRING), John M. Rogers (DISSENTING IN PART), and Bernice Bouie Donald (AUTHORING), Circuit Judges.