Jenkins v. Hutton
Justia Summary
Hutton accused Mitchell and Simmons of stealing a sewing machine in which he had hidden $750. On September 16, 1985, Hutton drove the two around, pointing a gun. Hutton recovered the machine. Simmons survived two gunshot wounds to the head. Mitchell was found dead. An Ohio jury convicted Hutton of aggravated murder, attempted murder, and kidnapping, finding that Hutton engaged in “a course of conduct involving the . . . attempt to kill two or more persons,” and that Hutton murdered Mitchell while “committing, attempting to commit, or fleeing immediately after . . . kidnapping” as “aggravating circumstances.” The court instructed the jury that it could recommend a death sentence only if it unanimously found that the state “prove[d] beyond a reasonable doubt that the aggravating circumstances, of which the Defendant was found guilty, outweigh[ed] the [mitigating factors].” The jury recommended death. The Ohio Supreme Court affirmed that sentence. Hutton sought habeas relief, 28 U.S.C. 2254, arguing that the court failed to tell jurors that they could consider only the aggravating factors they had found during the guilt phase. Hutton had not objected to the instruction or raised this argument on direct appeal. The Supreme Court held that the Sixth Circuit erred in reviewing Hutton’s claim under the miscarriage of justice exception to procedural default. Assuming that the alleged error could provide a basis for excusing default, the Sixth Circuit should have considered whether a properly instructed jury could have recommended death. Instead, it considered whether the alleged error might have affected the jury’s verdict. It was not shown by clear and convincing evidence that no properly instructed reasonable juror would have concluded that the aggravating circumstances in Hutton’s case outweigh the mitigating circumstances. Ohio courts weighed those factors and concluded that the death penalty was justified.
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